Roberts

after stating the case as above, delivered the opinion of the court.

The provision of the Code of Alaska in respect to findings in actions “of an equitable nature” is that “in all such actions the court in rendering its decision therein shall set out in writing its findings of fact upon all material issues of fact presented by the pleadings, together with its conclusions of law thereon.” Code Civ.Proc.Alaska, § 372, 31 Stat. 395 , c. 786; Carter’s Annotated Codes, p. 226.

No exception was taken in the court below to the form or sufficiency of the findings, and, while it may be conceded that they do not fully meet the requirements of the statute, enough is found therein to enable this court to dispose of the appeal upon its merits, in the view which we take of the nature of the contract made between the parties on February 1, 1900. It clearly appears from the record that the trial court found upon the evidence that the agreement was not modified by a subsequent oral agreement, as alleged in the complaint. From an examination of the testimony, we find no ground for saying that the court was not justified in reaching that conclusion.

We come, therefore, to the consideration of the…

I concur in the judgment on the ground that the written contract of February 1, 1900, is too ambiguous, and the oral testimony too contradictory and uncertain, to justify a decree in favor of the appellants.