Varwig

Appellant Ervin D. Varwig brought suit against respondents Elias N. and Louise R. Leider, and the Crystal Springs Golf Club, Inc. in 1976. Varwig alleged that he and his wife owned a piece of property in Lake County. They used this property to secure a $40,000 loan from the Leiders. The Leiders agreed to make the loan and to waive interest thereon in exchange for Varwig’s promise to do some work free of charge on the Crystal Springs golf course. This work involved excavating and grading the -site of a proposed driving range, repairing a parking lot, and correcting earth slippage at the 6th tee of the golf course.

In his suit Varwig sought to recover the deed on the Lake County property and the value of the goods and services he had provided to the Crystal Springs Golf Club. He set the value of the work performed at in excess of $120,000. The Leiders cross-complained for payment of the $40,000 they had lent Varwig.

At a pretrial conference on January 30, 1980, Varwig agreed to cancel all liens that had been filed against the judgment in the action and to pay all bills that had been submitted to him on the golf course project. He was to provide proof of cancellation of…