SCHOTTKY, J.
This is an appeal from an order retaxing costs.
Victor Bennett brought an action against Bernard Francis Brown to recover damages for personal injuries incurred as a result of an assault and battery.
On August 28, 1959, Bennett filed his complaint. On March 17, 1961, Brown served on counsel for Bennett an offer of compromise which read:
"OFFER OF DEFENDANT TO COMPROMISE
"TO THE PLAINTIFF VICTOR BENNETT AND TO A. JOHN...
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