Rock v. Ballou

LAKE, Justice.

When, as in the present case, the parties waive a jury trial, the court must make findings of fact sufficient to support its judgment and upon its failure to find material facts, the matter must be remanded for such findings. Jamison v. Charlotte, 239 N.C. 423, 79 S.E. 2d 797 (1953) ; Strong, N. C. Index 2d, Trial, § 58. Findings of fact made by the court and supported by competent evidence are conclusive, even though there be evidence in the record which would have supported contrary findings. Goldsboro v. Railroad, 246 N.C. 101, 97 S.E. 2d 486 (1957) ; Strong, N. C. Index 2d,…