The declassification agreement between Cunningham and WSI, with respect to such agreements, “relieves the defendant at all times of any claim, claim, obligation, remedy, remedy, right, damage, cost, loss of services, expenses and indemnities of any kind arising out of the acts or omissions alleged in this remedy.” On the other hand, an obligation not to perform “does not extinguish the plea put forward by the applicant and has no effect on the release of other common unlawful persons”. Rager v. Superior Coach Sales and Serv. From Arizona, 110 Ariz. 188, 191, 516 p.2d 324, 327 (1973). See also Fagerberg v. Phoenix Flour Mills Co., 50 Ariz. 227, 233-36, 71 pp.2d 1022, 1025-26 (1937). After the WSI of Cunningham unconditionally released the WSI from any claim, WSI`s liability to the Cunninghams was established. The contract not to execute if signed before or after liberation failed to reinstate a claim that the Cunninghams had released. . . .
- No categories