Biltmore Press v. Usadel

Opinion

STEPHENS, Acting P. J.

The parties to this appeal concede that the memorandum of decision of the trial court fairly outlines the facts of this case. We are of the view that not only are the facts' fairly stated in that decision, but the issues presently before us are adequately determined therein. We adopt the statement of facts and pertinent portions of the legal analysis as set forth in the trial court’s memorandum of decision, with appropriate deletions and additions of our own comments (shown in brackets), as the opinion of this court:

“Plaintiff’s complaint contains three counts:…