The following excerpt is from Graham v. Atchison, T. & SF Ry. Co., 176 F.2d 819 (9th Cir. 1949):
On the whole, courts are very liberal in the matter. In Komer v. Shipley, 5 Cir., 1946, 154 F.2d 861, 866, cited by the defendant, we find this statement of the rule: "Whether a ratification resulted from the retention of the amount paid on the execution of a release has been held to be a question for the jury. See cases cited 76 A.L.R. at page 349. With consideration of plaintiff's difficulty in employing legal counsel the court below did not err in holding that a retention of the amount paid for more than one year was not unreasonable, hence did not amount to a ratification."
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