Jerry and Patricia A. Dixon, et al - Page 13




                                       - 102 -                                        

          with figures reflecting "the amount due for the settlement."                
          Mr. McWade called Mr. Cravens back on December 15, 1986.                    
          On December 16, 1986, Mr. Cravens wrote to Mr. McWade                       
          confirming the terms of his settlement as follows:                          
                    Dear Ken:                                                         
                    As per our telephone conversation 12/15/86, I am                  
               enclosing a check for $10,678.67.  According to the                    
               amount we agreed on via telephone, the figures break                   
               down like this:                                                        
                    Deficiency for 1979 and 1980  $9,782.16                           
                    Less cash bond                4,508.00                            
                    Total                         5,274.16                            
                    Plus 1.02474 interest         5,404.51                            
                    Total due                     10,678.67                           
                    I wish to thank you for being so agreeable and                    
               assisting me in settling this matter.                                  
               Mr. Cravens' payment of $10,678.67 on December 16, 1986, was           
          processed on December 31, 1986, pursuant to a payment posting               
          voucher bearing Mr. McWade's initials.  The payment posting                 
          voucher provided for the application of the funds as follows:               
                    Year        Advance Payment    Designated Interest                
                    1979           $3,000.00           $3,000.00                      
                    1980            2,274.16            2,404.51                      
                    Total          5,274.16            5,404.51                       
          Mr. Cravens believed his settlement assured that he could                   
          neither win nor lose at the trial of the test cases.  At the time           
          that he entered into his settlement, Mr. Cravens was not aware              
          that Mr. McWade intended to allow the Cravenses the better of the           
          above-described settlement or the outcome based upon the Court's            
          opinion following the trial of the test cases.                              



Page:  Previous  92  93  94  95  96  97  98  99  100  101  102  103  104  105  106  107  108  109  110  111  Next

Last modified: May 25, 2011