Rock Smith Chevrolet, Inc. v. Smith

These two cases involving the same or kindred issues between the parties were consolidated for trial.

As trial approached at the Abbeville Courthouse, the parties, represented by counsel, announced that a settlement had been reached. Unfortunately, no record relative to the settlement was made. The change of considerations was to take place the following day, but because of a misunderstanding of the time for the exchange, the settlement was not consummated. Thereafter, Respondent Bryant W. “Tex” Smith petitioned the court to vacate the settlement and allow the cases to proceed in litigation in…