Payton v. Rogers

This action was commenced in August, 1937, seeking a strict foreclosure of a contract for the sale of real property. The action was brought to trial on March 12, 1938, at which time it was agreed in open court between the attorneys for the plaintiff and the attorneys then representing the defendants that the cause 'be submitted to the court upon an agreed statement of facts to be prepared by counsel. Pacts contained in the stipulation submitted to the court and necessary to an understanding of the case are as follows: “It is hereby agreed by and between the parties hereto, by their respective…