In Oscanyan v. Arms Co., 103 U.S. 261, 26 L.Ed 539, 13 Otto 261 (1880) the plaintiff sued to recover sales commissions. However, at trial, during opening statements the plaintiff's attorney conceded that the contract which formed the basis for the commissions was against public policy and hence invalid. In holding the attorney had conceded the very basis for the lawsuit the Supreme Court stated, "in the trial of a cause the admissions of counsel, as to matters to be proved, are constantly received and acted upon. They may dispense with proof of facts for which witnesses would otherwise be called. They may limit the demand made or the set-off claimed. Indeed, any fact, bearing upon the issues involved, admitted by counsel, may be the ground of the court's procedure equally as if established by the clearest proof" (id).