Putman

The primary question for decision is whether an agreement was made prior to the commencement of this action, settling the-controversy of the parties.

April 15, 1947, respondent leased to appellant her valuable home at Pacific Palisades for one year. At the expiration of the. term, they agreed upon a continuance of the lease on a month-to-month basis. The lease was terminated and possession was restored to respondent in February 1950. At different "times she inspected her property with certain employees of appellant and checked her inventory. First his secretary, then his accountant made notes which were received in evidence. Finally, appellant met respondent on the premises February 10. They made a complete tour of the grounds and building; discussed the damage and destruction, payments for rent not made, what she demanded, what he would do. At the conclusion of their interview, appellant 'testified, he said he wished “to close our transaction and consider all of our accounts settled in full . . . and if that was satisfactory with her, I would release the $933 check and we would consider both of our accounts satisfied. . . . Her reply was, ‘Well, if you will do that, that is a…