MARDEN, Justice.
On appeal from summary judgment. In response to complaint for personal injury, seasonable answer and assignment of the case for trial, counsel, on the day of trial, engaged in an effort to compromise. From this effort an offer of a definite amount of money was made by the defendant, which plaintiff's counsel transmitted to his client, who was "inclined" to accept it. Defense counsel forthwith prepared a release for the signature of the plaintiff ...
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