Seitzman

This appeal is taken from the order of the trial court denying appellants’ motion to vacate and set aside a judgment entered against them pursuant to a written stipulation.

The record before us reveals that the action was commenced on December 5, 1960, when respondents herein filed their complaint seeking recovery of monies due upon a promissory note. Appellants filed a demurrer on December 19, 1960. No indication as to a ruling thereon appears, but on April 25, 1961, respondents filed an amended complaint. On May 16, 1961, appellants’ motion to strike the amended complaint was denied, and their answer was filed. On June 30, 1961, respond *171 ents filed a motion for summary judgment. No ruling on this motion was ever made by reason of the fact that the parties arrived at a settlement which was evidenced by a written instrument entitled “Stipulation For Judgment” dated July 12, 1961, and filed October 9, 1961.

This stipulation provided that respondents were to take judgment against appellants in the amount of $5,510.28, plus attorney’s fees in the sum of $500. It was provided, however, that such agreed judgment would not be entered or executed upon if appellants paid $750 upon…