Legal Opinion

Spercel v. Sterling Industries, Inc.

Ohio Supreme Court

Decided July 5, 1972No. 71-381PublishedCited by 109 opinions

1Opinion of the CourtO’Neill, C. J.

The question presented is whether the oral settlement agreement entered into by the parties and journalized in the nunc pro tunc entry can be set aside pursuant to a petition to vacate filed by plaintiff who refused to comply with the terms of the settlement agreement.

As noted in 15 American Jurisprudence 2d 938, Compromise and Settlement, Section 4: “The law favors the resolution of controversies and uncertainties through compromise and settlement rather than through litigation. * * * The resolution of controversies * * * by means of compromise and settlement * * * results in a saving of…

2Cases cited5 opinions

  1. Taylor v. Stanley Co. of AmericaSupreme Court of Pennsylvania · 1931
  2. Cummins Diesel Michigan, Inc. v. The FalconCourt of Appeals for the Seventh Circuit · 1962
  3. Morr v. CrouchOhio Supreme Court · 1969
  4. Schermer v. WilmartSupreme Court of Pennsylvania · 1924
  5. Herndon v. HerndonSupreme Court of Georgia · 1971

3Cited by109 opinions

  1. Kostelnik v. HelperOhio Supreme Court · 2002
  2. Kostelnik v. HelperOhio Supreme Court · 2002
  3. Noroski v. FalletOhio Supreme Court · 1982
  4. Continental West Condominium Unit Owners Ass'n v. Howard E. Ferguson, Inc.Ohio Supreme Court · 1996
  5. Mack v. Polson Rubber Co.Ohio Supreme Court · 1984

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