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/ ↗

Full Text

1,048 chars

The judgment for upwards of $11,000 was obviously for too much. It was a lien on Webb’s real estate, and he could not'use *592it, and therefore was anxious to have the matter adjusted. All the negotiations were about the judgment. Krum, the attorney for Webb, contended that it should not be more than $55,0 00, while Broadhead, the attorney for Grumley, insisted upon $7,000, or perhaps $8,000 or $9,000. In this position of the case they agreed upon $6,500. It is obvious that the judgment was alone in contemplation when the adjustment was made. If Krum and Webb thought otherwise, surely Grumley did not, and without his concurrence there could be no agreement, for the mutual assent of both parties was necessary to make a binding contract. The facts surrounding the execution of the papers go to strengthen and sustain this view. Two papers only were submitted to Grum-ley for his signature. Both these related to the judgment; the one acknowledged the receipt of the money, and the other was an order for entering satisfaction on the record.

Other Sections in This Document (174)

Full Text