SPERCEL v. STERLING INDUSTRIES, INC.

No. 71-381.

31 Ohio St. 2d 36 (1972)

SPERCEL, D. B. A. SPERCO TOOL CO., APPELLEE, v. STERLING INDUSTRIES, INC., APPELLANT, ET AL.

Supreme Court of Ohio.

Decided July 5, 1972.


Attorney(s) appearing for the Case

Messrs. McCarthy, Savransky & Greenwald and Mr. Lincoln R. Thorman, for appellee.

Messrs. Kahn, Kleinman, Yanowitz & Arnson and Mr. Sheldon Berns, for appellant.


O'NEILL, C. J.

The question presented is whether the oral settlement agreement entered into by the parties and journalized in the nunc pro tunc entry can be set aside pursuant to a petition to vacate filed by plaintiff who refused to comply with the terms of the settlement agreement.

As noted in 15 American Jurisprudence 2d 938, Compromise and Settlement, Section 4: "The law favors the resolution of controversies...

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