Usadel

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:

[On appeal, one contention is that a letter from defendants’ attorney dated March 26, 1965 was an “activity” tolling the applicable statute of limitations. This letter was not offered in evidence, and the contents thereof, though set forth in plaintiff’s brief (p. 3) were not before the trial court. There was a February 1965 telephonic cancellation of the oral contract between the parties, and, even if we were to consider the March 26 letter, it would not constitute an “activity,” for it merely recites that the attorney for defendants made certain legal conclusions, and so advised his clients.]

“It is elementary that a cause of action for the second…