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EDWARDS v. CITY OF RALEIGH

No. 451.

81 S.E.2d 273 (1954)

240 N.C. 137

EDWARDS et al. v. CITY OF RALEIGH.

Supreme Court of North Carolina.

April 14, 1954.

Attorney(s) appearing for the Case

R. B. Templeton, Sr., and W. H. Yarborough, Raleigh, for plaintiffs-appellees.

Paul F. Smith and William Joslin, Raleigh, for defendant-appellant.

BOBBITT, Justice.

Parties through their counsel may make stipulations of fact. Harrill Bros. v. Southern R. Co., 144 N.C. 542, 57 S.E. 382; Lumber Co. v. Elizabeth City Lumber Co., 137 N.C. 431, 432, 49 S.E. 946. Where a case 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. Elizabeth City Lumber Co., supra; Hood ex rel. Page Trust Co. v. Johnson, 208 N.C. 77, 178 S...

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