Eddleman v. McGhan

When an alleged stipulation or agreement of compromise does not comply with the pertinent rule or statute because it is not in writing and subscribed by the attorney denying it, can conflicting evidence of its consummation be considered, to sustain an offset pleaded in an action other than the cause in which the stipulation allegedly was made?

The trial court disregarded such evidence, denied defendants’ offset, and entered judgment for plaintiff. Defendants have appealed.

Defendant C. D. McGhan drew a check to the order of Skycoach Airlines Agency to pay a debt he owed the agency. The check…