Johnson v. National Biscuit Co.

Johnston, C. J. and Duncan, J.,

dissenting: The issue presented calls for determination of the terms and legal effect of an oral stipulation made by counsel in open court. We are not here concerned with the interpretation of a document the terms of which are fixed by a writing. What the terms of the agreement were was properly a ques tion of fact for the Trial Court. Romano v. Company, 95 N. H. 404. There was no express agreement, either by unilateral or mutual promises, to make a refund in advance of trial. In our opinion the Trial Court acted within reason in finding that plaintiff’s counsel…