Henry Quellmalz Lumber & Manufacturing Co. v. Briney

Hart, J.,

(after stating the facts). The circuit court was right in directing a verdict for the plaintiff. The amount and value of the logs taken were shown by the undisputed evidence. The ruling of the court was based upon the stipulation which we have copied in our statement of facts. The stipulation in express terms provides that the case at bar shall abide by the decision of the Supreme Court in the chancery case referred to in our statement of facts.

It is well settled that, in cases of suits actually pending, the parties may agree that one suit shall abide the event of another suit…