concurring specially-
The trial court found as a fact that the contract in this case was ambiguous. That is a conclusion of law. Kelly Springfield Tire Co. v. Dakota Northwestern Bank, N.A., 321 N.W.2d 516, 519 (N.D.1982); In Re Estate of Johnson, 214 N.W.2d 112, 114-115 (N.D.1973). Labels are not conclusive. Butts Feed Lots v. Board of Cty. Commissioners, 261 N.W.2d 667, 669 (N.D.1977).
When ambiguous contracts are being construed, relying on extrinsic evidence covering such matters as intent and custom or usage, the question is one of fact and not of law. Oakes Farming Ass’n v. Martinson Bros., 318 N.W.2d 897, 908 (N.D.1982).
Most of the findings in this case are sur-plusage recitations of evidence. There are no findings of fact on the real fact issues: intent and custom or usage. Those findings are indispensable. The finding that Aas-mundstad did not prove his case is not in accordance with Rule 52(a), NDRCivP. See Struchynski v. Decker, 194 N.W.2d 741 (N.D.1972).
Technically, this court should remand for the preparation of adequate findings but, in the interest of judicial economy, I concur in the reversal of the judgment.