United States Rubber Co. v. Bercher's Royal Tire Service, Inc.

JOHN E. MILLER, Chief Judge.

This case is before the court upon plaintiff’s motion for summary judgment in its favor dismissing the defendants’ defense of set-off based upon an oral agreement of compromise and settlement, on the ground that there is no genuine issue as to any material fact and that the plaintiff is entitled to a judgment as a matter of law.

Plaintiff filed its complaint on December 13, 1961, containing three counts. Count I alleged the indebtedness of the defendants to the plaintiff as evidenced by two promissory notes, which notes were executed and delivered by Bercher’s Royal…