Jue

Three actions were filed, consolidated for trial, and disposed of by one set of findings and conclusions and one judgment. Defendants, other than Corinne Jue Kwok who was not served with process and did not appear in the action, have appealed from the judgment.

The judgment incorporates 22 pages of findings of fact and conclusions of law as to the rights, interests, duties and obligations of the parties. In turn the findings and conclusions incorporate by reference the 12-page notice of decision filed December 28, 1956, and the 6-page supplemental notice of decision filed February 15, 1957.

Many issues in addition to those discussed in the briefs on appeal were litigated in the trial which continued from October 22 to December 18, 1956, was reopened after the service of the notice of decision dated December 28th, and resubmitted on February 8, 1957. Some of the issues not raised on appeal were decided in favor of defendants because of implied waivers, estoppel and the statute of limitations. For the sake of brevity, we hereinafter epitomize only the portions of the judgment under attack and the facts pertinent to the consideration of the issues raised on appeal.

The litigants…