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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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