STANDARD RUBBER COMPANY V. NAGEL 9/1924

y Appeal allowed. Judgment of the Supreme Court/digcharged and

judgient in the action entered for defendant ezgellant.

Respondent te pay the costs of the action in the Supreme Court

a anu the costs of this appeal. aeA Cost va Hag Gist

fw mney tect Seo, '

STANDARD RUBBER WORKS PROPRIETARY LIMITED v NAGEL.

Judguent. Knox Cad,

The question fer decision in this « al depends for its |

solution on the interpretation of a docuuent ewbcdying the terms of

settlement of a previous action in which the p: ent appellant (here-

inafter referred to as the Company) was plaintiff and the present res-

pondent and one Poeppel were defendants. In that action the Company sought to recover from both defendants the sum of £1699-9-10 the price

of goods sold to Nagel & Poeppel at a time when they were carrying on

business in partnership. When the action came on for trial Poceppel

withdrew his defence. and admitted the claim of the company. Thereupan

negotiations for settlement took place between-the company and Nagel &

terms of settlement wor Goer in writing and signed by counsel for both

2.

parties. The document containing the terme cf settlement is in the

words fcllowing,viz :- " (1) By consent judgment for the plaintiff for

&

cution cf the judgment

S

£1699-9-10 with costs of the avtion., (2) ft gainst the agets of the partnership sold te qnd

arst to be issued

now in the possesaion of Poeppel. (3) Execution of the judgwent against Nagel to be suspended on payment by defendant Nagel of the sum of £600 within 21 days and payment by defendant Nagel 2b the balance of the anount of the judgment and costs by monthly payments of £200 the first of such payments to be neds on the lst day of May 1922 and the other payments on the first day of each month thereafter,

C4) on Shack in performance of this settlement by defendant Nagel judgment to issue forthwith for the full amount and costs against the Gefendant Nagel. (5) Judgwent against the defendant Hag Nagel not to be issusd save upon such default as aforesaid and tis entry of judguent against the defendant Poeppel to be without prejudice to the right to