Miller v. Hemler

5 Watts & Serg. 486

Opinion

Per Curiam.

This release being by simple contract and without consideration, is void. It is not pretended that the obligee received value for it, or that the releasee was prejudiced by it; and it is entirely certain that an unsealed contract is as much unwritten as if it were oral. The judgment must, therefore, be for the plaintiff.

Judgment of the court below reversed, and judgment given here for the debt, interest and costs.