- 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