Orthwein v. Cobbs Fruit & Preserving Co.

WIGGINTON, Judge.

Plaintiffs have appealed a summary final judgment rendered in. defendants’ favor. They contend the court erred in finding from the pleadings, affidavits, depositions and other evidence that there existed no genuine issue of any material fact and that defendants were entitled to judgment.

Appellants rely on a parol stipulation, understanding or agreement entered into between their attorney and one of the defendants during the pendency of a prior unlawful detainer action between the parties to support their position. Appellants’ attorney deposed that his understanding of the…