D. M. Development Co. v. Osburn

Defendants have filed a petition for review in this case charging several factual misstatements. We have reexamined each of the claimed misstatements. Without detailing them, we conclude that defendant’s objections are without any real substance. When the smoke is cleared away we are still left with an equal split in the evidence and testimony as to whether a settlement ever occurred.

Defendant raises one point that merits discussion, and that is the contention that we erred in remanding the case to circuit court for trial of plaintiffs claim for breach of the covenant of quiet enjoyment…