The plaintiffs brought a motion for an order to continue the action, as the primary plaintiff was an undischarged bankrupt.
The defendants brought a motion to enforce a settlement agreement that had been accepted by the plaintiffs' former counsel.
The plaintiffs argued the settlement should not be enforced because the plaintiff had a 'change of heart' shortly after acceptance and had not calculated his net recovery.
The court granted the order to continue and enforced the settlement, finding that a valid agreement was reached and a mere change of heart did not justify exercising discretion to set it aside.