Leaper v. Vaught

VARIAN, Commissioner.

Respondent, plaintiff in the court below, instituted this action to recover judgment upon a promissory note executed to him by appellant, and for a balance due upon an open account. A writ of attachment issued and was levied upon an automobile owned by defendant. After the action was commenced the parties apparently reached an amicable settlement of their differences whereby defendant agreed to transfer to plaintiff the automobile then under attachment and give his note together with certain cash consideration. After the settlement had been negotiated, plaintiff, claiming…