Fisher v. Ohio Malleable Iron Co.

The sole question in this controversy is presented by the following facts, which either appear in the record or were admitted in open court by the defendant in error upon the trial of the case and upon the hearing in this court.

Since the defendant in error here admits the facts upon which the plaintiff in error’s contention is predi cated, its argument that the record does not present the question is untenable.

Statements of fact agreed to by counsel for all parties may be considered in the same manner as admissions made on the trial of the case. Springer v. Wasson, 25 N. M., 379, 183 P., 398.

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