dissenting.
Whether conclusion of law # 3 is or is not actually a finding of fact is significant insofar as scope of review under Rule 52(a), N.D.R.Civ.P., is concerned. But, regardless of that, the decision must be logical before I can accept it. To that extent, the structure of a decision, like a syllogism, shows a deductive, logical scheme consisting of a major premise and a minor premise and then a conclusion that follows therefrom.
The error made by the trial court here is that it misapplied the rule. “(1) All dogs have four legs — (2) This chair has four legs —(3) This chair is a dog.” First premise: the law prohibits storage of garbage in an *61open parking lot. Second premise: the city inspector doesn’t object to the storage of garbage in the parking lot. Conclusion: the lease which requires compliance with all laws has not been violated.
The majority makes an assumption which was not made by the trial court and which no one urged us to make, and reaches conclusions not reached by the trial court. This is not my understanding of the scope of review that this court can make under Rule 52(a). If we misunderstand the basis of the trial court’s decision, as reflected in its findings of fact and conclusions of law, we ought to remand for the preparation of more understandable findings. Ellendale Farmers Union Cooperative Ass’n v. Davis, 219 N.W.2d 829 (N.D.1974). See also Struchynski v. Decker, 194 N.W.2d 741 (N.D.1972).