Compromise

* An agreement in settlement of a controverted matter. The yielding of something by each of two parties.^ A mutual yielding of opposing claims; the surrender of some right or claimed right in consideration of a like surrender of some counter-claim. 6 Compromises are highly favored in law. An *' offer " to do something by way of compromise of a controversy, as, to pay a sum of money, to allow a certain price, to deliver certain property, and like offers, made to avoid litigation, is not receivable in evidence against the maker as an admission. If the offer is plainly for a compromise, the rule is to presume it to have been made without prejudice — it is open to explanation. But an admission made during or inconsequence of the offer is receivable.^ To admit evidence of an offer to compromise litigation would discoiu:age the amicable settlement of disputes.

— When the object is to buy peace, an offer will be excluded. =r See Prejudice, Without. / If the right surrendered is of doubtful validity, its surrender may be a valuable consideration for the promise." ' [Haskins v. Newcomb, 2 Johns. *408 (1807), Kent, Chief Justice. " [4 Bl. Com. 136. See Smith, Contr. 226. 3 4B1. Cora. 133. *L. com-promittere, to mutually promise;

— to arbitrate. "Bellows V. Sowles, 55 Vt. 399 (1883). " Gregg V. Wethersfleld, 55 Vt. 387 (1883); ib. 397; 10 Neb. 360; 2 Wis. *6. 'West u. Smith, 101 U. S. S73 (1879), cases; Home Ins. Co. V. Baltimore Warehouse Co., 93 id..548 (1876)'; 1 Pet. 222; 16 Op. Att-Gen. 850; 87 Ind. 465; 4 La. 456; 50 Md. 45; 41 N. J. L. 174; 1 Greenl. Ev. § 192; 2 Whart. An administrator may compound a debt, if for the benefit of the estate; ' and so may a partner for the benefit either of himself or of the firm — statutes in many of the States making a release of one joint debtor not a release of others.'' The courts, are inclined to favor a compromise fairly made by an attorney at law, and will uphold it for good reason shown.'

See Accord.