Abrahams v. Studebaker Corp. of America

On February 11, 1916, plaintiff, appellant, brought an action in the district court for Douglas county against defendant, appellee, to recover $1,672.25 alleged to be due him as damages arising out of the sale of an automobile by it to him. On June 16, 1916, while such suit was pending, the parties entered into an agreement whereby, in consideration of plaintiff returning such automobile and dismissing the action with prejudice, defendant would credit *722him with $835 upon the price of a new car, to wit, $1,135, the remaining $300 to be paid by plaintiff at time of delivery of the new car. This…