Sheftel

Claiming that the findings in the above-entitled cause are ambiguous as to certain matters of fact which are controlling in the determination of the merits of the appeal, appellants seek, by way of petition to take additional evidence (Code Civ. Proc., see. 956a, and Rule XXXVIII of the Supreme and District Courts of Appeal) and a motion for an order in diminution of the record, to have incorporated in the record on appeal, as extrinsic aids in the construction of said findings, the drafts of the proposed findings and proposed amendments and additions thereto, prepared by the respective parties prior to the signing of the findings, and used in the settlement thereof.

We are of the opinion that the documents referred to cannot be utilized for such purpose. They form no part of the judgment-roll (Code Civ. Proc., sec. 670), nor were they of any legal significance whatever after the findings were settled, signed and filed. (Weinstock-Nichols Co. v. Courtney, 26 Cal. App. 445 [ 147 Pac. 218 ].) As pointed out in the case last cited, the amendment to section 634 of the Code of Civil Procedure, from which the trial court derives its authority to direct the preparation of findings, was…