Risk v. Turner Coal & Brick Co.

Stolz, Judge.

This is defendant Risk’s appeal from a bench-trial judgment for the plaintiff, Turner Coal & Brick Co., on a suit on an open account. Held:

The appellant’s sole enumeration of error is the trial court’s denial of his motion for a new trial. There being no transcript of the trial in the record before us, and this appeal being dependent upon a review of the evidence, we would ordinarily have to affirm the judgment of the trial court. However, the record discloses neither findings of fact and conclusions of law by the trial judge nor a written waiver thereof, as required by Code Ann.…