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Clark v. Elza

Court of Appeals of Maryland
406 A.2d 922 (1979)


Floyd L. Elza and Myrtle E. Elza (defendants) were involved in an accident with Swannie B. Clark and Linda Sue Woodward (plaintiffs). Before the case had gone to trial, the parties verbally agreed to settle, discharging the tort claim. Clark and Woodward forwarded a release, an order of satisfaction, and a settlement draft to the Elzas. The Elzas changed their minds, refused to execute the documents, and informed the court that they were going forward with their suit. Clark and Woodward filed a “Motion to Enforce Settlement” with the trial court. The trial court found that the parties had only intended to create an executory accord and allowed the Elzas to proceed with their tort action. Clark and Woodward appealed to the Court of Special Appeals who denied their appeal as premature and then petitioned the Maryland Court of Appeals who allowed their petition.

Rule of Law


Holding and Reasoning (Eldridge, J.)

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