Shore v. Norfolk National Bank of Commerce

178 S.E. 572, 207 N.C. 798, 1935 N.C. LEXIS 271

• Court: Supreme Court of North Carolina
• Decided: February 27, 1935
• Status: Published

Opinion

ScheNOK, J.

Section 569 of the Consolidated Statutes provides: “Upon trial of an issue of fact by the court, its decision shall be given in writing, and shall contain a statement of the facts found, and the conclusions of law separately.”

The decision of the court as it relates to “the facts found” contains only the following: “The court finds the facts to be as testified to by P. C. Shore, the only witness at the trial, both as to his direct and cross-examination, and as shown by the written and record evidence introduced, and the admissions in the pleadings.” We do not think this is a compliance with the requirements of the statute that the court’s decision “shall contain a statement of the facts found.” It does nothing more than indicate from what source the facts may be gleaned.

Where a case is left by consent to be tried both as to the facts and the law by the court, and it fails to find the material facts, the case may be remanded in order that such facts may be so found. Knott v. Taylor, 96 N. C., 553; Trust Co. v. Transit Lines, 198 N. C., 675.

In the absence of sufficient and definite findings of fact, we are minded to remand the case to the Superior Court to the end that the facts may be sufficiently and definitely found, that we may more accurately and safely pass upon the conclusions of law. It is accordingly so ordered.

Remanded.