Section 7.4 Covenant Not to Sue

• Library: Settling Cases 2014

“[A] covenant not to sue is considered a release for purposes of determining its legal effect.” Montrose Sav. Bank v. Landers, 675 S.W.2d 668, 670 (Mo. App. W.D. 1984); Angoff v. Mersman, 917 S.W.2d 207, 210 (Mo. App. W.D. 1996). A covenant with an individual wrongdoer amounts to a release or discharge. Branick v. Nat’l Site Acquisition, Inc., 585 S.W.2d 305, 308 (Mo. App. W.D. 1979). Like a release, a covenant not to sue is considered a contract and is...