Schneider v. KleinCivil No. 950110

Per Curiam.

Gerald A. Klein appealed from a judgment requiring that Klein pay $47,844.22 plus accruing interest to Ignatius Schneider, ordering that grain proceeds be divided equally between Klein and Schneider, decreeing that Schneider is the sole owner of a vacuum loader, and denying all other claims asserted by the parties. Klein challenges the trial court's conclusion that "[t]he parties take nothing on all other claims," considering the farm work and amounts agreed upon by the parties.

The trial court found that "[n]either of the parties['] claims are persuasive by a greater weight of the evidence, except as outlined in these findings and conclusions." We have said that conclusory, general findings of fact which merely state that a party has failed to meet its burden of proof are inadequate under Rule 52(a), N.D.R. Civ. P. See Federal Land Bank of St. Paul v. Lillehaugen, 404 N.W.2d 452, 459 (N.D. 1987) [trial court's finding that "[t]here has not been convincing evidence" to establish the defense was conclusory]; Park View Manor v. Housing Authority, 287 N.W.2d 83, 86 (N.D. 1979) [the trial court's finding that a party "failed in its burden" of proof with very little additional explanation did not comply with Rule 52(a)]; Struchynski v. Decker, 194 N.W.2d 741, 744 (N.D. 1972) [trial court's dismissal of case with an order stating that the plaintiff "failed to carry the burden of proof" was insufficient].

However, we have also explained:"[A]lthough the findings of fact and conclusions of law should be stated with sufficient specificity to assist us and afford us a clear understanding of the trial court's decision, we have indicated that if we understand from the findings the factual basis for the trial court's determination, the findings are adequately specified."

Gross v. Sta-Rite Industries, Inc., 322 N.W.2d 679, 682 (N.D. 1982); see also Porth v. Glasoe, 522 N.W.2d 439, 444 (N.D. 1994) [trial court's findings were sufficient to understand the factual basis for the trial court's decision].

Here, the trial court's findings were adequate to understand the trial court's conclusion that the parties failed to prove their denied claims. The judgment of $47,844.22 against Klein is the balance of unpaid loans and claims which the trial court found Klein owed to Schneider offset by claims which the trial court found Schneider owed to Klein. Based upon our review of the record, the trial court's findings were not clearly erroneous. N.D.R. Civ. P. 52(a). We affirm the trial court's judgment under Rule 35.1(a)(2), N.D.R. App. P.

Gerald W. VandeWalle, C. J.
Dale V. Sandstrom
Herbert L. Meschke
Beryl J. Levine
Robert W. Holte, D. J.

HOLTE, Robert W., D.J., sitting in place of Neumann, William A., J., disqualified.