W. T. Furguson Lumber Co. v. Elliott

The opinion of the Court was delivered by

Mr. Justice Bonham.

The plaintiff brought action against defendant to recover the sum of $825.94, alleged to be due plaintiff for losses sustained by it in a lumber transaction between the two parties. After the service of the complaint, negotiations for settlement were opened and finally culminated in an agreement of settlement by the terms of which the defendant was to pay to plaintiff 50 per cent, of the amount claimed, in two installments, to wit, $212.97 on or before July 17, 1931, and $200.00 on or before August 7, 1931. The first installment was…