Majority
p. 883Waitt Investing Company, Inc., Plaintiff, v. Ralph S. Robbins, Defendant.
Headnote
Submission of controversy — insufficient statement of facts.Submission of controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
The submission must be dismissed, upon the ground that the facts are not sufficiently stated upon which to determine the question of law sought to be submitted, and upon a submission no facts other than those agreed upon can be assumed or inferred. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. Submission dismissed.