City of New Bern v. White

Plaintiff’s Appeal: Plaintiff contends and we hold rightly that the findings of fact submitted to the court are insufficient to support the judgment from which appeal is taken.

The facts agreed are in the nature of a special verdict upon which the court is requested to render judgment arising as a matter of law thereon. The facts agreed constitute the sole basis for decision. And the court is not permitted to hear evidence, make additional findings, or infer or deduce other facts from those stipulated. See Sparrow v. Casualty Co., 243 N.C. 60, 89 S.E. 2d 800, and numerous other cases…