Fitzgerald v. Ferran

(After stating the foregoing facts.) We are of the opinion that the exceptions contained in the cross-bill of exceptions are well taken. The suit by Mrs. Ferran against Mrs. Fitzgerald had been marked in default. The defendant’s allegations of the negotiations upon the part of the defendant by her agent to settle and pay the note due" at the time of filing the suit, and of the negotiations between defendant’s agent and Paxson, are vague and indefinite. There was no distinct promise upon Paxson’s part not to proceed with the suit alleged. It is provided in the Civil Code, § 5653, that the…