Jerry Harmon Motors, Inc. v. Farmers Union Grain Terminal Ass'n

I do not agree that the “clearly erroneous” standards do not apply in this case. The judgment still should be reversed because, when applying Rule 52(a), NDRCivP, it is apparent that Finding of Fact No. XV, which is crucial to the judgment, was obviously “induced by an erroneous view of the law.” See, e.g., Stee v. “L” Monte Industries, Inc., 247 N.W.2d 641, 644 (N.D.1976).

There is a grey area between conclusory findings and conclusions of law. Eszlinger v. Wetzel, 326 N.W.2d 215, 217 (N.D.1982); Voth v. Voth, 305 N.W.2d 656 (N.D.1981); Backhaus v. Renschler, 304 N.W.2d 87 (N.D.1981);…