Contracts
Clark v. Elza
Court of Appeals of Maryland
406 A.2d 922 (1979)
Facts
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
The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.
Issue
The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.
Holding and Reasoning (Eldridge, J.)
The holding and reasoning section includes:
- A “yes” or “no” answer to the question framed in the issue section;
- A summary of the majority or plurality opinion, using the CREAC method; and
- The procedural disposition (e.g. reversed and remanded, affirmed, etc.).
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