Gielow v. Napiorkowski

1. Gerald and Carol Gielow brought this action against Thaddeus and Anna Napiorkowski, alleging that the Napiorkowskis misrepresented the condition of a home that Gerald purchased from them. At summary judgment, the trial court ruled that a "Release of All Claims" given by the Gielows to the Napiorkowskis in settlement of prior litigation between the parties also released the Gielows claims in this case. The court also rejected the Gielows alternative claim that the Release should be set aside under the law of mutual mistake and unilateral mistake based on the Napiorkowskis alleged fraud and misrepresentation.