Briggs v. Kennedy Mayonnaise Products, Inc.

After the case was submitted but before decision below defendants filed a memorandum with the court urging it to hold as a determination of all matters in controversy among the parties that plaintiff as Frederica's representative was entitled to recover the $3,600 credit and that Charles be allowed the items withdrawn by him from the corporation.

No reference was made in the findings of fact and conclusions of law to the memorandum. It was not printed in the record, nor was it returned to us or called to our attention until after our decision had been filed. Then it was shown as the basis of…