Johnson v. Opsitnick
The trial court found at the summary judgment stage that the parties’ prior settlement agreement did not relieve defendants of the obligation of paying a $40,777.63 promissory note. Defendants’ appeal of this ruling was rendered moot when the jury found that defendants took advantage of a position of trust and confidence to induce plaintiff to enter into the settlement agreement so as to void that agreement. Since the settlement agreement is void, the issue of whether it relieved defendants of the obligation of paying the promissory note is now moot.
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