Unknown claims not released by general release.

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20-7-11. Unknown claims not released by general release.

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

Source: CivC 1877, §868; CL 1887, §3492; RCivC 1903, §1186; RC 1919, §793; SDC 1939, §47.0241.


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