February 9, 2011
Just Don't Pay Me In Pecans
The Mississippi Supreme Court affirmed a circuit court order enforcing a settlement agreement against plaintiffs in litigation brought against Smith's Pecans. The attorney for the plaintiffs had accepted the offer of settlement but the clients had thereafter refused to execute the documents.
The court found that the circuit court had focused on the plaintiffs' "actions leading up to and after the formation of the settlement agreement and determined [the attorney] had apparent authority to act." This approach was a proper application of Mississippi law.
The plaintiffs were held in contempt in order to compel them to execute the settlement documents. This also was held to be a proper exercise of the circuit court's discretion. (Mike Frisch)
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