Wenneker v. Frager

CLEMENS, Commissioner.

The issue here is the trial court’s authority to render judgment enforcing a settlement after the parties had executed a memorandum agreement and stipulated in open court that the cause be “passed for settlement”. We affirm the judgment.

The background. Respondent Burt Wen-neker, a builder, and appellants Joseph and Gertrude Frager, property owners, sued each other over a construction contract. Wenneker sought a money judgment and a mechanic’s lien against the Fragers’ property, joining other potential lienholders as defendants. Joseph Frager sued Wenneker for damages,…