Opinion
Docket No. 31.
Submitted October 5, 1927.
Decided December 1, 1927. Rehearing denied February 14, 1928.
Error to Wayne; Richter (Theodore J.), J. Submitted October 5, 1927. (Docket No. 31.) Decided December 1, 1927. Rehearing denied February 14, 1928.
Assumpsit in justice's court by Benny Evangelist against Pellegrino Falzerano for work and labor. There was judgment for plaintiff, and defendant appealed to the circuit court. Judgment for defendant. Plaintiff brings error. Affirmed.
Myron J. Dikeman, for appellant.
Colombo, Colombo Colombo, for appellee.
This case was tried by the court without a jury. No findings were requested, made, or filed. We are therefore not informed as to the facts on which the trial court concluded as a matter of law that plaintiff could not recover on his claim nor defendant on his set-off. The statute and rule requiring findings of fact and conclusions of law in cases tried by the court without a jury have been of such long standing, and this court has so many times declined to decide cases on records such as the one before us, that it seems unnecessary to indulge in further discussion or statement. See Alexander Co. v. Griggs, 240 Mich. 71.
The judgment is affirmed.
BIRD, FLANNIGAN, FELLOWS, WIEST, CLARK, and McDONALD, JJ., concurred.
The late Justice SNOW took no part in this decision.