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ROCK v. BALLOU

No. 69.

209 S.E.2d 476 (1974)

286 N.C. 99

Sherman T. ROCK and Harvey Hamilton, Jr. v. G. Ward BALLOU and Ralph Styron.

Supreme Court of North Carolina.

November 26, 1974.

Attorney(s) appearing for the Case

Wheatly & Mason, P.A., by L. Patten Mason, Beaufort, for plaintiffs.

Henderson, Baxter & Davidson by David S. Henderson and B. Hunt Baxter, Jr., New Bern, for defendants.

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...

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