McClure v. McClure

Citations

• 100 Cal. 339
• 34 P. 822
• 1893 Cal. LEXIS 794

Syllabus

<p>Contract—Consideration—Compromise op Litigation—Husband and Wipe.—A compromise agreement between a husband and wife by which they both agree to dismiss pending litigation between them is a sufficient consideration for a note and mortgage given to the wife by the husband, where the agreement remains unrescinded, and there is no pretense of fraud or imposition or that the compromise suits were not brought and defended bona fide.</p> <p>Id.—Compromise op Litigation Favored—Family Settlements.—A promise to compromise a suit brought bona fide on probable cause is a valid consideration for a contract, even though the suit should be held to be unfounded. Not only will such agreements be sustained, in the absence of fraud, but they are highly favored as productive of peace and goodwill in the community, and reducing the expense and persist-ency of litigation, and this is especially so of family settlements, where the courts will not undertake to weigh actual loss or gain, unless there be an imposition.</p>