· 10/23/1979
Clark v. Elza
Citations
- 406 A.2d 922
- 286 Md. 208
- 1979 Md. LEXIS 286
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that merits of enforceability of settlement agreement are completely separate from merits of underlying tort claim
- stating that an agreement to settle a case is to be treated as a binding contract and finding that the underlying tort action should have been barred from proceeding in violation of the settlement agreement
- declining to consider an issue not raised in either the petition or a cross-petition for certiorari
- declining to consider an issue not raised in either the petition or a cross-petition for certiorari
- order denying motion to enforce oral settlement of tort action, albeit not final, nonetheless was appealable as within the collateral order exception
- “As long as the basic requirements to form a contract are present, there is no reason to treat such a settlement agreement differently than other contracts which are binding.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Murphy, C.J., and Smith, Digges, Eldridge, Orth, Cole and Davidson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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