CLARK V. ELZA
286 Md. 208, 406 A.2d 922 (1979)
NATURE OF THE CASE: This was a dispute over the settlement of an accident claim.
FACTS: Elza (P) filed suit against Clark (D) for injuries sustained in an auto accident.
Before trial, it was agreed that the case would be settled for $9,500. D forwarded a release
to P and sent a settlement draft to P's attorney. The papers were returned unexecuted in
that P discovered his injuries were more extensive than previously thought. D filed a motion
to enforce settlement. P argued that the agreement was merely an executory accord and could
only be enforced upon satisfaction. The trial judge denied the motion to enforce the
settlement. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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