after stating the facts: We deem it impossible, or at least inadvisable, to decide upon the merits of this case and to render such a judgment as will finally settle it without a finding of the facts with reference to the three ordinances, and especially as to whether the proposed structures if placed upon the lot in Sanford, which has been described, will violate the provisions of the said ordinances, or any one *84of them, and if so, wbieb one of them. We therefore remand the case with instructions to find the facts as indicated above, to the end that the case may be fully considered.
This Court has the power to remand a case so that there may be a fuller finding of facts by the judge, and in order that the appeal may be more intelligently considered in every view of it. Straus v. Beardsley, 79 N. C., 59; Gatewood v. Burns, 99 N. C., 357; Holly v. Holly, 96 N. C., 229. This case is far too important in itself and in its results for us to decide it except upon the fullest showing as to the facts. The defendant pleaded the new ordinances, and their effect upon the case should be passed upon.
The case is therefore remanded with directions to find the facts relating to the two ordinances, and as to the other question, whether the plant proposed to be erected by the plaintiff will conform to their provisions, stating the location of the plant and its surroundings, and such other-matters as will enable the court to determine whether the ordinances are applicable, and if so, to what extent. Our opinion as to the law is withheld until all the facts are before us.
We do not agree with the learned judge that the ordinances were not before him for his consideration and a determination as to whether or not they would affect the result, and if so, in what way and to what extent, but the facts should have been found. In this respect there was error. The judge will reconsider the case upon the new facts found by him and enter such judgment as he may deem to be proper. The case may be further heard at this term if so desired'by the parties.
Defendant will pay the costs of this appeal to this time.
Error, and remanded with directions.