Westport Place One v. Reller Construction, Inc.

Appellee sued appellants to collect the balance due on a promissory note. After appellee filed suit, the parties entered into an agreement wherein appellants agreed to pay the past due amount, to bring the note current within sixty days and, thereafter, to make regular monthly payments. In return, appellee agreed to abate the lawsuit and to voluntarily dismiss the action provided appellants performed under the terms of the agreement. Several months later, ap-pellee filed a motion for summary judgment in which it alleged appellants defaulted under the terms of the agreement. Ap-pellee filed…