Alexander Muss & Sons, Inc. v. Nelson

The plaintiff landlord sued for the rent on an apartment for the balance of the term after the death of the tenants. The personal representative proved a settlement agreement entered into prior to the institution of this suit. Although the existence of the settlement was controverted, the court found that the settlement was, in fact, made and that it acted as a novation of the contract. The final judgment for the plaintiff was for the amount specified in the settlement agreement. In addition, the court allowed the plaintiff an attorney’s fee ' pursuant to an agreement in the lease. The…