Ritch Realtors, Inc. v. Kinard

MARTIN (Harry C.), Judge.

By their stipulation in open court at the time of the hearing of the summary judgment motions, defendants concede the validity of the contract sued upon and their breach of it. In so doing, they admitted their liability to plaintiff and left unresolved only the question of damages. A stipulation is a judicial admission, dispensing with proof, recognized and enforced by the courts as a substitute for legal proof. Rickert v. Rickert, 282 N.C. 373, 193 S.E. 2d 79 (1972).

Based upon the materials before it, including defendants’ stipulation, the trial court found plaintiff…