Grumley v. Webb, 48 Mo. 562 (1871)

Citation: Grumley v. Webb, 48 Mo. 562 (1871)
Parent Document: Grumley v. Webb, 48 Mo. 562 (1871)
Jurisdiction: Missouri (state)
Effective Date: 1871-10-15
Original Source: https://www.courtlistener.com/opinion/8046745/grumley-v-webb/ ↗

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Judge Krum was Webb’s counsel. He testifies that on the 7th of March, 1865, Webb and Grumley came to his office and announced to him that they had “ come to a settlement of all their difficulties,” or words to that effect; that it was then stated to him that Webb was to pay $6,500 and the costs of both suits. He was, as he testifies, requested to draw up the proper papers evidencing the settlement. Before doing so, as he testifies, he addressed the parties as follows: “Now, gentlemen, I under*581stand that this is a settlement of the whole controversy about this property between you.” He states that he understood both to assent to this, and that he then proceeded to draw up the papers. The papers are all in his handwriting — that is, the three papers already given. It appears that there was a prior understanding between Broadhead and Krum, that the latter, in case a settlement was effected, should favor the passing of the money to be paid by Webb through Broadhead’s hands. Krum testifies that in pursuance of this understanding, and for the further reason that he wished the counsel of the opposite party to be cognizant of the papers, he proceeded with Grumley, after the papers were drawn up, to Col. Broadhead’s office, where, as he says, the transaction was closed in his presence. He is not certain whether Grumley accompanied him, or whether he might not have met him at Broadhead’s office by appointment. Webb corroborates Krum fully as to what occurred in the latter’s office in Grumley’s presence.

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