KEITH v. GLENN

No. 673.

136 S.E.2d 665 (1964)

262 N.C. 284

James Foster KEITH v. Garland D. GLENN, Sr.

Supreme Court of North Carolina.

June 12, 1964.


Attorney(s) appearing for the Case

Everett, Everett & Everett, Haywood & Denny by George W. Miller, Jr., Durham, for plaintiff appellant.

Dupree, Weaver, Horton & Cockman by Jerry S. Alvis, Raleigh, for defendant appellant.


RODMAN, Justice.

The basic question presented by plaintiff's appeal is this: May plaintiff maintain his action against defendant and at the same time rely on the release given by defendant to defeat the counterclaim? Unless we are to depart from logic and overrule prior decisions of this Court, the answer must be "No."

A consummated agreement to compromise and settle disputed claims is conclusive and binding on the parties to the agreement and those who knowingly...

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