“Where the findings of fact are incomplete or defective in some particular so that a doubt exists as to the theory on which the case was decided, we are sometimes able to overcome the difficulty by referring to the oral or memorandum decision of the trial court.”
How later courts described this case
- “Where the findings of fact are incomplete or defective in some particular so that a doubt exists as to the theory on which the case was decided, we are sometimes able to overcome the difficulty by referring to the oral or memorandum decision of the trial court.”
- equity action for specific performance
Written by the judges who cited it.
The opinion
*137 Olson, J.
(dissenting)—As the majority opinion states, findings of fact on the basic issues are nonexistent in this case.
We can only review the record which appellants bring to this court. If that record is insufficient to sustain the relief sought by the appeal, it would seem to follow that the appeal must fail.
Mallery, Schwellenbach, and Donworth, JJ., concur with Olson, J.