Melville Fuller

“ Field is in dispute, but it is clear enough that it could not control so important a difference, if it really existed. The letter of Mr. McCrary informed Coburn and Ewing that he should wire the company of its acceptance of the proposition, and his affidavit shows that this letter was written before he had taken any steps to carry out the compromise on behalf of the company. The subsequent letters in March of Mr. McCrary and of the company demonstrated their understanding that the entire controversy was settled, which indeed was the only motive of any negotiations at all. ”

“ Coburn, wrote, proposing: ' (1) That the stock of Coburn and Ewing be taken at $50,000; (2) that Coburn and Ewing pay back to the company the $40,000 received from Munson; (3) that the company, with American securities, indemnify Coburn and Ewing against any claim of the representatives of Burnett as to the $16,800; (4) that all suits be dismissed, each party paying his own costs, all claims for damages or compensation be waived, and full receipts passed ”

“ Div. 259, 267, Sir GEORGE JESSEL, master of the rolls, uses this language: 'I think a court of appeal cannot refuse to decide on the merits where the parties in the court below argued the case on the merits without objecting to the evidence. They must be taken to have assented to having their rights decided on the motion according to the usual rules governing interlocutory motions. ”