Magnum Communications, Ltd. v. International Business Machines Corp.

Cooper, Judge.

In 1987, appellee brought an action against appellant for nonpayment of charges related to appellant’s use of certain copyrighted software owned by appellee. When the case appeared on the trial calendar, the parties entered into a settlement agreement and executed a consent judgment, which both parties agreed would not be filed as long as appellant made the required monthly payments under the settlement agreement. In August 1991, appellant defaulted on its payments due under the agreement, and appellee, after sending a demand letter for payment to appellant’s representative,…