McBride

Plaintiff Thomas D. McBride brought an action in Santa Clara County for a real estate brokerage commission against defendant Alpha Realty Corporation. The defendant cross-complained against cross-defendant Hotel Circle, Inc. The plaintiff and cross-defendant were represented in the action by the same attorney.

Following a trial, the court made and filed its memorandum of decision ruling adversely to the plaintiff and to the cross-defendant. A copy of that memorandum was mailed in Santa Clara County by the clerk on January 28, 1974, to their counsel whose offices sre in San Diego, California.

On February 11, 1974, the clerk filed plaintiflf’s and cross-defendant’s “Request for Findings of Fact and Conclusions of Law” which was dated February 7, 1974. On February 25, 1974, a judgment, reciting that “findings of fact and conclusions of law not having been requested by any of the parties,” was entered. The judgment gave effect to the earlier memorandum of decision.

Thereafter plaintiff and cross-defendant, contending that the judgment was void for lack of findings of fact, moved to vacate it. The motion was denied. The instant appeal is taken by them from the judgment, and…