Schneider v. Harold H. Schultz, Inc.

(dissenting) — Although the findings may be erroneous and contrary to the facts in some instances, the decree must be presumed to have been sustained by sufficient, competent facts. This being an equitable action, before this court could try it de novo it must appear that the record contains all of the evidence on which the action was tried by the superior court. Demaris v. Barker, 33 Wash. 200, 74 Pac. 362. In Gerson v. Sussman, 176 Wash. 564, 30 P. (2d) 379, a case where the trial court in its judgment recited that it adopted the findings of a referee, we said:

“This being an equitable…