[DOWNLOAD] "Chester Dempsey and Helen Jane Dempsey V." by At Knoxville Supreme Court Of Tennessee " eBook PDF Kindle ePub Free

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eBook details

• Title: Chester Dempsey and Helen Jane Dempsey V.
• Author : At Knoxville Supreme Court Of Tennessee
• Release Date : January 25, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

Chester Dempsey entered an agreement to settle a personal injury action pending against The Cessna Aircraft Company (Cessna) in Montgomery County for the sum of three hundred thousand ($300,000.00) dollars. After the settlement had been completed and the consideration paid, however, Dempsey ascertained that Cessna had failed to disclose certain information during discovery which may have strengthened his claim. Therefore, he filed an action against Cessna in the United States District Court for the Eastern District of Pennsylvania in which he alleged, inter alia, that he had been induced to settle by fraud. The federal court dismissed the action, holding, under Pennsylvania law, that Dempsey had affirmed the contract and waived the fraud, if any, by failing to disaffirm the settlement and offering to return the consideration. This decision was affirmed by the Third Circuit Court of Appeals. See: Dempsey v. Associated Aviation Underwriters, 977 F.2d 567 (3rd Cir. 1992). Thereafter, Dempsey filed in Montgomery County a petition to set aside the settlement on grounds of fraud. The Montgomery County Court, in response to preliminary objections, dismissed the petition on grounds of res judicata. From this order, Dempsey filed the instant appeal. After careful review, we affirm.

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