Burns

The case comes up on the judgment-roll. The question presented is whether, under the circumstances disclosed, the court should enforce the provisions of a stipulation for the compromise of this action.

Plaintiff brought action against Belle McCain and the executor of the last will and testament of her husband to recover $21,000. Belle McCain, hereinafter referred to as defendant, answered, denying the debt. Thereafter counsel for plaintiff and defendant signed a stipulation as follows:

Across the face of the stipulation is written the words: “To be kept strictly confidential at this time.” This stipulation was retained by counsel for plaintiff for some ten months. The money called for in the stipulation not having been paid, counsel for plaintiff then filed the stipulation and with it a motion for judgment in accordance therewith. Defendant resisted this motion on the ground that her counsel had only been authorized to compromise this case provided certain other litigation was also settled at the same time—a condition which had never been fulfilled. The motion was denied. Plaintiff then filed a supplemental complaint setting forth the stipulation and praying judgment in…