CLARK v. ELZA

[No. 91, September Term, 1978.]

286 Md. 208 (1979)

406 A.2d 922

SWANNIE B. CLARK ET AL. v. FLOYD L. ELZA ET UX.

Court of Appeals of Maryland.

Decided October 23, 1979.


Attorney(s) appearing for the Case

Richard A. Reid, with whom were Royston, Mueller, McLean & Reid on the brief, for appellants.

Paul Weinstein for appellees.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, ORTH, COLE and DAVIDSON, JJ.


ELDRIDGE, J., delivered the opinion of the Court.

This case presents the question of whether an executory oral agreement to settle a pending law suit may be raised as a defense to prevent a plaintiff from pursuing his original cause of action. It also presents the threshold issue of whether a trial court's refusal to enforce such a settlement agreement, where enforcement was sought in the underlying legal action, may be immediately...

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