Heard v. Fisher's & Cobb Sales & Distributors, Inc.

OPINION

By the Court,

Zenoff, C. J.:

Respondent, plaintiff below, commenced this action on March 27, 1968 alleging breach of contract and misrepresentation. Appellant filed his answer on May 2, 1968 and on August 4, 1969 the case proceeded to trial and was heard by the court sitting without a jury.

At the conclusion of the testimony, on August 5, 1969, both *568counsel were called into chambers. The court indicted its inclination to find in favor of respondent and it was agreed that the parties would attempt to reach a settlement of the case with a view toward avoiding the entry of judgment by the…