Green v. John H. Lewis & Co.

*390OPINION OF THE COURT

This appeal requires us to decide whether tender of a stipulated sum constituted “expeditious consummation” of a settlement agreement.

In 1965, plaintiff-appellant filed a complaint in the district court, alleging fraudulent manipulation of a securities account maintained with defendants’ firm since 1943. He offered to settle his claims for $30,000. On the eve of trial, November 18, 1&68, defendants accepted his offer. The parties appeared through counsel before the court to announce their agreement. Plaintiff’s counsel then stated that “[t]he only stipulation I would like…