Sec 1033

To constitute a valid release no special form of words is requisite. A covenant not to sue indefinitely or never to sue bars the creditor, though not technically a release;3 and so with expressions to the effect that the creditor is no longer to hold the claim to be in force.4 An acknowledgment of satisfaction has the same effect;5 and so has a covenant to save the debtor harmless from the debt.6 But a letter, written by a woman to a man after the latter has broken his engagement to marry her, in which she says: "I don't want you," but which contains a threat holding him responsible at law for his breach of promise, will not be regarded as a release.7

Sec 1034

Supposing a release to be operative, it discharges, if general, the debt with all damages and costs.8 A release, therefore, by a son of his future interest in his father's estate, has been held to be effectual when made intelligently and fairly, and with the approval of the father; and such a release, it has been held, precludes the son from afterwards claiming either as heir or devisee.9 But ordinarily a mere possible future interest or bare expectancy is not the subject of release.10 It is otherwise "in all cases where there is an existing obligation or contract between parties, although such obligation or contract is executory or dependent upon contingencies that may never happen; still, if the party in whose favor such obligation or contract is made, or who is liable, by force of it, to suffer damage if it is not performed by the other when the contingency happens, shall execute a release of all claims and demands, actions and causes of action, etc., correctly in point of form, and having at the time of executing the release such obligation and contract in view, as one of the subjects upon which the release shall operate, then such release shall be held as a good and valid bar to any suit which may be afterwards brought upon such obligation or contract, or for money had and received, or paid, upon the future happening of the contingency in consequence of which the plaintiff sustains damage, and but for such release would have had a perfect right of action."1 - A release in full for all demands throws on the party alleging an exception, the burden of proving such exception.2 - After a debt has been discharged by a release, it cannot be revived by a subsequent promise to pay without a new consideration.3

No special words required to constitute.

Release discharges debt and incidents.

1 Leake, 2d ed. 925; citing Byles on Bills, 9th ed. 190.

2 Richardson V. McLemore, 5 Bax. 586: Smith V. Gayle, 58 Ala. 600.

3 Ch. on Con. 11th Am. ed. 1146; Ford V. Beech, 11 Q. B. 871; White V. Dingley, 4 Mass. 433; Sewall V. Sparrow, 16 Mass. 24; Cuyler V. Cuy-ler, 2 Johns. 186; Jackson V. Stack-house, 1 Cow. 122; Hamaker V. Eber-ley, 2 Binn. 510; Clark V. Russell, 3 Watts, 213; Clopper V. Bank, 7 Har. & J. 92; Reed V. Shaw, 1 Blatchf. 245; Guard V. Whiteside, 13 Ill. 7. As to covenants not to sue, see infra, sec 1036; as to releases thereby of joint debtors, supra, sec 881.

4 Hastings V. Dickerson. 7 Mass. 153;.

Bac. Abr. Release, A.; 2 Williams's Saund. 471; Shad V. Pierce, 17 Mass. 623; Phelps V. Johnson, 8 Johns. 54.

5 Com. Dig. Release, A. I.; White V. Dingley, 4 Mass. 433; Jackson V. Stackhouse, 1 Cow. 122: Clark V. Russell, 3 Watts, 213; Guard V. Whiteside, 13 Ill. 7.

6 Clark V. Bush, 3 Cow. 151.

7 Wagenseller V. Simmers, 97 Penn. St. 465.

8 2 Ch. on Cont. 11th Am. ed. 1149; Co. Lit. 291; Bac. Abr. Release, I.; Baker V. Heard, 5 Exch. 959; Veazie V. Williams, 3 Story, 611; Deland V. Man. Co., 7 Pick. 244.

9 Curtis V. Curtis, 40 Me. 24.

10 Pierce V. Parker, 4 Met. Mass. 80.