Fort Masonry Co. v. Hudson View Construction Co.

The defendant’s attorney herein moves for an order compelling the plaintiff’s attorney to accept a notice of appeal. It is conceded that the notice was not served in time, but the defendant relies upon an alleged oral agreement, made over the telephone, with the plaintiff’s attorney, whereby the time was extended one day, and this court is asked to enforce such alleged agreement. Although stipulations between attorneys are not binding unless reduced to writing (Gen. Rules of Practice, rule XI) nevertheless the court will not permit an attorney to be misled, deceived or defrauded if he acted…