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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Broadhead testifies that he closed the. settlement with Krum. Krum testifies that Broadhead. is mistaken, and that they did not close the settlement. He says .he .drew up the papers in'accordance with an agreement which Webb and Grumley had made in his presence, and that he then and there drew up and read to the parties the three papers, “ or rather two of them,” and that he *591then went with Grumley to Broadhead at the latter’s office, and there passed the papers and the money. Broadhead, on the contrary, says that he got the papers from Krum, and that Grumley was not present when he got them, and is sure that Grumley never saw the order of dismissal of the $7,000 suit, one of the papei’s drawn up by Krum, and that Grumley was not present at any time when he spoke to either Krum or Webb ; that he, after getting the papers from Krum, closed the matter himself with Grumley, at his own office, and that neither Webb nor Krum was there ; and that Grumley came to his office to settle, by an appointment with him, and he is quite sure there was no one with Grumley when he came. And that is Grumley’s evidence, for he says that after having refused to compromise with Webb, Bigham and Brown, on, the morning of the settlement, Broadhead called upon him, and then finally prevailed upon him to accept $6,500 for the judgment; that upon giving his consent-Broadhead told him to come to his office in half an hour and he would have the papers-; that he went to Broadhead’s office in half an hour, and Broadhead had the papers and the check, and there settled with him, with no one present but Mr. Haeussler and Mr. Sharp. And this is wholly and fully sustained by Broadhead; for though he says he understood everything was settled, yet he also says he spoke to Grumley about nothing but the judgment, and had no authority to settle anything but the judgment; had no authority to dismiss .the $7,000 suit, but dismissed it entirely on his own responsibility, and Grumley knew nothing of its dismissal, and did not see the order of dismissal, and insisted on his going on with that suit.

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