Edwards v. City of Raleigh

Parties through their counsel may make stipulations of fact. Harrill v. R. R., 144 N.C. 542, 57 S.E. 382; Lumber Co. v. Lumber Co., 137 N.C. 431, 49 S.E. 946. Where a ease is submitted upon an agreed statement of facts, the agreement as to the facts must stand unless set aside for fraud or mutual mistake. Lumber Co. v. Lumber Co., supra; Hood v. Johnson, 208 N.C. 77, 178 S.E. 855; Hood v. Johnson, 209 N.C. 112, 182 S.E. 709.

Such submission is in effect a request by the litigants that judgment be entered in accordance with the law as applied to the agreed facts. Auto Co. v. Ins. Co., 239 N.C.…