But it is argued that, in one of the prior cases between these parties pertaining to the increased rent, the court found as a fact that defendant acquiesced_ in the proposition for an increased rental and was bound to pay it, but nonsuited the plaintiff on other grounds. It is conceded no appeal was prosecuted from that judgment and therefore it is said the question is res adjudicata here. The i'ecord before us does not reveal this fact to be true, for so much of it as is available here merely discloses the plaintiff to have been non-*197suited in tlie case referred to. It is true we are pointed to a memoranda opinion of the trial judge in the former ease and copied in the bill of exceptions here, from which it appears his reasoning proceeded on the premise suggested; but be that as it may, such memoranda opinion is not a finding of facts under the statute and is without avail on appeal to conclude the matters therein referred to. It may only be consulted as a means of enlightening the appellate court on the theory pursued by the trial judge and is not to be utilized as a finding of fact on any question. [See Mead v. Spalding, 94 Mo. 43, 6 S. W. 384.] The judgment should be reversed. It is so ordered. Reynolds, P. J., and Allen, J., concur.