Jones

This is an action to recover on a compromise agreement made by the attorneys of record representing appellants in an action previously commenced by respondents against appellants, other than Union Indemnity Company, for damages for personal injuries alleged to have been caused by such appellants. Appellant Union Indemnity Company, which it was stipulated was public liability carrier for appellants The Prank Meline Company and Wailes-Smith Company, in its answer admits that it accepted respondents’ offer to compromise such personal injury litigation for $5,000, but alleges that it accepted such offer under a mistaken belief that the driver of the automobile who was charged with the direct negligence in that action was an employee of the other appellants named as defendants therein. As a special defense this appellant alleges that such compromise agreement was later canceled, rescinded and abrogated by it, and that respondents consented to and acquiesced therein; that thereafter respondents proceeded to bring the personal injury action on for trial and asked and received leave to file an amended complaint therein, and that said cause is still pending upon said amended…