Pool v. Peil

OPINION

FROEB, Judge.

We are called upon to determine whether the judgment in this case should be vacated and set aside by reason of the failure of the trial , court to admit certain testimony into evidence. The case was tried to the court sitting without a jury. Findings of fact and conclusions of law were not requested and none were separately made. There was neither a motion for new trial nor a request that the court take additional testimony pursuant to Rule 59(b), Rules of Civil Procedure. The judgment was entered on August 30, 1972, without objection as to form and this appeal followed.

The…