Lee v. Swilling
Supreme Court of Arkansas
Appeal from Logan Circuit Court. Jephtha H. Evans, Judge. Money voluntarily paid to one under a mistake of law cannot be recovered. 4 S. W. 60; 15 Am. & Eng. Enc. Law, 676; 46 Ark. 167. The burden of proving fraud was on appellant, and the evidence fails to show it. The court erred in disturbing the settlement. 15 S. W. 556; 14 S. W. 909; 4 S. W. 272; 12 S. W. 863; 28 S. W. 590. The statute as to arbitrations was not complied with.
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Appeal from Logan Circuit Court. Jephtha H. Evans, Judge. Money voluntarily paid to one under a mistake of law cannot be recovered. 4 S. W. 60; 15 Am. & Eng. Enc. Law, 676; 46 Ark. 167. The burden of proving fraud was on appellant, and the evidence fails to show it. The court erred in disturbing the settlement. 15 S. W. 556; 14 S. W. 909; 4 S. W. 272; 12 S. W. 863; 28 S. W. 590. The statute as to arbitrations was not complied with. Sand. & H. Dig., § 272; il. § 4319. A settlement must be entered into by the parties willingly, and be consummated fairly. 37 Ark. 354. Arbitrators should be…
1Opinion of the CourtBattle, J.
The voluntary settlement or compromise of doubtful claims, made in good faith, without litigation, is highly favored and encouraged by the courts. The agreement to. abide by such a settlement, and the avoidance of the expense and annoyance of a suit at law, are a sufficient consideration to support the promise to pay the amount agreed upon. Courts will not investigate such settlements or compromises for the purpose of setting them aside, “it being sufficient if the parties entering into the compromise thought at the time that there was a question between them.” Burton v. Baird, 44 Ark. 556; 1…
2Cases cited1 opinion
- Burton & Townsend v. Baird & BrightSupreme Court of Arkansas · 1884
3Cited by2 opinions
- Hays v. McGuirtSupreme Court of Arkansas · 1932
- Fair v. Beal-Burrow Dry Goods Co.Supreme Court of Arkansas · 1921