Cronen

Cronen v. Moore

Good Law
127 C.C.A. 57·210 F. 239·1914 U.S. App. LEXIS 1994
United States Court of Appeals for the Ninth CircuitJanuary 5, 1914No. 2,283California1,417 words

Opinion

lead Opinion

Gilbert, J.

This is an appeal from a decree in a suit in equity brought by the appellee against the appellant for specific performance of a contract. The contract was a part of an agreement made between the parties to the suit to compromise and settle a pending action at law which had been brought by the appellant against the appellee for breach ..of a contract of marriage. On February 24, 1912, the attorneys of the respective parties in that action, together with the appellant,'met to settle the terms of the agreement. It was agreed, among other things, that the appellee should pay the appellant $6,000‘, of which $3,000 was to be paid forthwith, and the remainder within 90 days. There were prepared and signed by the parties three several papers: (1), A stipulation signed by the attorneys of the respective parties dismissing-the law action; (2) an. instrument signed by the ap-pellee herein, certifying to the good character of the appellant; (3) an *241 instrument signed by the appellant discharging the appellee from all claims and demands whatsoever. It was agreed that the papers be deposited in escrow with the Security Savings & Trust Company. An escrow agreement was executed, reciting that…

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