Freiberg v. Pierce

On Petition for Rehearing.

Appellant’s petition for rehearing has attached to it a brief of forty pages in which a large number of authorities are cited in support of various alleged errors in our opinion affirming the judgment below. Two propositions going to the merits are urged. First. That the claims relied upon and set forth in the complaint are liquidated claims, and therefore the compromise and settlement between the parties made on December 4, 1928, and plaintiff’s letter in confirmation thereof amounted only to a receipt and can be taken only as part payments of the several claims.…