“The question of whether the minds of the parties ever met in complete agreement is a question of fact for the jury.” (footnote omitted)
How later courts described this case
- “The question of whether the minds of the parties ever met in complete agreement is a question of fact for the jury.” (footnote omitted)
- "When a judgment is rendered against a minor who is not represented by a guardian ad litem, it is voidable.”
Written by the judges who cited it.
The opinion
TAYLOR, J.,
concurs in part, dissents in part, with whom WINCHESTER, C.J., joins:
I concur in Part I. I dissent to Part ILI. For the same reasons stated by the Court of Civil Appeals, I would enforce the agreement not to sue. This agreement was negotiated by the plaintiff's counsel in order to secure the physicians' assistance in the plaintiffs suit against the hospital. The plaintiff accepted *491 all benefits of that agreement. The physicians acted in reliance upon the agreement.
REIF, J., disqualified.