Bradford Exchange v. Trein's Exchange

In Bradford Exchange v. Trein's Exchange, 600 F.2d 99, 102 (7th Cir. 1979)., the defendant moved under Federal Rules of Civil Procedure Rule 60(b) to modify a portion of a judgment to which its attorney had agreed, alleging that the attorney had misunderstood his instructions with respect to acceptable settlement terms. The defendant submitted the affidavit of its manager, relating what the attorney's instructions had been, and the affidavit of the attorney, relating his mistaken interpretation of the instructions. The district court found the affidavits unpersuasive and denied the motion. The Court reversed, finding that the defendant had presented affirmative evidence that its attorney had consented to the settlement at issue without express authority.