SYSTEM MEAT COMPANY v. Stewart

I respectfully dissent from the majority opinion herein. We have permitted the appellees to carry out the settlement we found in 183 Neb. 698 to be unfair. We there said: “No room existed for controversy over fairness *689of the amount claimed by plaintiff. Smith had purchased 729 head of cattle for $103,144.31 with company funds. He fraudulently executed and delivered to Stewart a bill of sale for the animals under date of December 2, 1960.” The settlement agreement provided for items of setoff of $47,308.57. In 183 Neb. 698 we specifically found that an item of $5,700 in the setoff was…