This section contains the nature of the case and procedural background.

Elza (P) filed suit against Clark (D) for injuries sustained in an auto accident. Before trial, it was agreed that the case would be settled for $9,500. D forwarded a release to P and sent a settlement draft to P's attorney. The papers were returned unexecuted in that P discovered his injuries were more extensive than previously thought. D filed a motion to enforce settlement. P argued that the agreement was merely an executory accord and could only be enforced upon satisfaction. The trial judge denied the motion to enforce the settlement. D appealed.

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