Rago v. Nace

BROSKY, Judge:

This appeal is from the denial of a petition to set aside a settlement. Appellant raises three issues: 1) Whether the court below could direct a verdict for plaintiff without any action on the part of the jury. 2) Whether the counsel for the defendant had the authority to bind the defendant to a settlement agreement without the express authority and understanding of the defendant. 3) Whether the settlement agreement constituted an unexecuted accord which is unenforceable. We affirm.

Issues 1) and 3), above, were not raised below in appellant’s petition to set aside the…