Bloomfield Railroad v. Grace

The parties by an agreement in open court fixed the amount of damages which the plaintiff was entitled to recover at four hundred dollars, and agreed that in the event that he should recover, and that sum was paid him, he should convey the land in controversy to the defendant, here the appellant. It was further stipulated that the agreement should “not prejudice the defendant’s exceptions to the ruling on the demurrer to the answer.” This agreement unquestionably-submitted to the trial court but the one question, that of the appellee’s right to recover damages, and reserved to the appellant…