Smith v. HAVERTY FURNITURE COMPANY

Banke, Chief Judge.

This appeal involves a suit on a contract for the purchase and delivery of $1,600 worth of furniture. Several items included in the sale were not available for delivery. This precipitated the Smiths’ 55-paragraph complaint filed in June 1982, alleging breach of contract, fraud, and the intentional infliction of mental pain and suffering. The trial court, on motion for summary judgment, found that the parties had entered into a settlement agreement on the 24th of May 1984 and granted summary judgment to the defendant based on this agree ment.

Decided February 6, 1985. D.…