Future Plastics, Incorporated v. Ware Shoals Plastics, Incorporated, George W. Massey, D. K. Lee, Jr., W. B. Sprouse, Sr., and William A. Ellege, Sr.

ALBERT V. BRYAN, Circuit Judge:

Future Plastics, Inc., appeals an order of the District Court for South Carolina dismissing its action unless it accepted the terms of a settlement, which the Court found had been agreed upon between the plaintiff and the defendants. Plaintiff contends that, even assuming a binding contract of compromise had been made, still the Court should not have allowed it to defeat the action. The point is that before the trial date and the tender of the contract to the court, it was uncontrovertibly clear that, without plaintiff’s fault, a material provision of the…