Wade v. Wade

BARNS, Justice.

The appellee-plaintiff brought suit against the appellant-defendant for $1,225 upon the common counts to which appellee filed pleas denying the debt and a plea of compromise and payment. A verdict was rendered for the plaintiff of $875. After a remittitur of $200 was entered by the plaintiff pursuant to order on motion for a new trial defendant appealed.

The question for the court is whether the trial court erred in denying a motion for new trial and this depends upon whether or not the evidence discloses a compromise and settlement of the disputed claim. We think it does.

The…