It has been suggested that a distinction should be made between cases in which there is an action pending and one in which there is no action pending; and that if an action is pending, the good faith of the parties is the distinction, while if no action is pending, there must be reasonable grounds for asserting the claim.1 In some cases the compromise and settlement of a pending suit, at least if such suit is brought in good faith, seem to be a sufficient consideration, although the compromise of the same claim made before suit was brought might not be a consideration.2 If litigation is pending, the fact that the result thereof is doubtful is said to be a sufficient consideration for a compromise.3 Prior to the bringing of a suit to contest a will, a contract of compromise of a dispute concerning the validity of such will is said to be without consideration if there is no reasonable ground for attacking its validity.4 Whatever difference of opinion there may be between the courts as to the necessity of a reasonable ground for believing in the claim in addition to good faith, there is little reason for the distinction that is made between the case in which an action is pending and the case in which an action has not yet been brought.