Homer Burrus v. American Casualty Company

PELL, Circuit Judge.

The plaintiff Homer Burrus brought this action for breach of a compromise agreement, which he alleges had been intended to settle a tort action. The district court granted summary judgment for the defendants on the ground that since, upon breach of the compromise agreement, Burrus had prosecuted the original tort action to a final judgment, he was precluded from now bringing a suit based on breach of the compromise agreement. The plaintiff appeals.

I

According to the pleadings, Burrus was injured when struck by an automobile and, as a result,, brought a tort action against…