Willard C. Beach Air Brush Co. v. General Motors Corporation

MARIS, Circuit Judge.

This is an appeal from an order of the district court denying the plaintiff’s motion to vacate and set aside a judgment of discontinuance previously entered in the cause. The case had originally been called for trial before a jury and a mistrial had been declared by reason of the illness of Beach, the plaintiff’s president, during the trial. Negotiations for settlement of the controversy then took place and six months later the defendants filed a petition for permission to file a plea of accord and satisfaction which alleged that a settlement had been agreed upon but that…