Hoffman v. Hoffman

The complaint does not directly or by inference disclose that the compromise agreement between plaintiff and the legatees of Cora B. Hoffman was in anywise concerned with the oral contract upon which the present action is based. The complaint explicitly alleges that the consideration given by the legatees and received by the plaintiff was for “ the withdrawal of bis objections and the consent to probate.” It nowhere appears that it was given and received for a settlement and cancellation of plaintiff’s alleged claim under the oral contract.

The withdrawal of the objections and the consent to…