From our private database of 35,600+ case briefs...
Clark v. Elza
Maryland Court of Appeals
286 Md. 208, 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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 618,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 618,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 35,600 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.