Fankhauser v. Smith

This action was instituted in 1916 by the plaintiff, Fankhauser, against L. Ray Smith and other individual *36defendants, to recover commissions for negotiating the sale of a corporation which the defendants owned and controlled. He sued for the sum of $315,000. • ;

The defendants resisted the claim, but in 1917, while the action was at issue, Fankhauser and the defendant L. Ray Smith, on behalf of himself and the other defendants, made a settlement for the sum of $175,000. A stipulation of discontinuance was signed, and an order of discontinuance drawn, but. not entered. The general release…