HARBOUR v. BROWN FOR ULRICH


732 S.W.2d 598 (1987)

C.B. HARBOUR III, Plaintiff-Appellee, v. Robert L. BROWN, Trustee for H.W. ULRICH; and H.W. Ulrich, Individually, Defendant-Appellant.

Supreme Court of Tennessee, at Knoxville.

June 22, 1987.


Attorney(s) appearing for the Case

Michael E. Richardson, Patrick, Beard & Richardson, P.C., Chattanooga, for defendant-appellant.

Harry Berke, Berke, Berke & Berke, Chattanooga, for plaintiff-appellee.


OPINION

COOPER, Justice.

This appeal presents the single question: Can a trial judge enter a valid Order of Compromise and Dismissal after being informed by one of the parties that consent to the compromise has been withdrawn? We hold that he can not and reverse the judgment dismissing the action.

The appeal in this case is before us on the technical record only. From it we glean that an action was brought by C.B. Harbour III, seeking specific performance...

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