Commercial Union Insurance v. Marco Transportation Co.

Pope, Chief Judge.

Commercial Union Insurance Company (“plaintiff”) brought an action on a contract against Marco Transportation Company (“defendant”). Defendant answered that an earlier action on this contract was brought and settled for $30,000, and that defendant stood ready to abide by that settlement. Defendant then moved the trial court to enforce the settlement and enter judgment for plaintiff in the amount of $30,000, as agreed. Defendant’s motion was granted, plaintiff’s counter-motion for summary judgment was denied, and plaintiff appeals from both decisions.

At the evidentiary…