On appeal, this Court must determine whether the existence of good faith and good cause for termination of a dealership agreement is a finding of fact or a conclusion of law. In distinguishing between a finding of fact and a conclusion of law, this Court has held that a finding of fact is reached by natural reasoning while a conclusion of law is reached by fixed rules of law. Further, in making a distinction between a finding of fact and a conclusion of law, this Court considers whether or not facts are undisputed. In this case, it is undisputed by the parties that Foley was in default on his payments to Krause for the three equipment purchases made in September of 1982. Therefore, it seems clear that the trial court's finding that Krause's termination of the dealership agreement was not in bad faith is one of law.
Conclusions of law are fully reviewable on appeal.
As has been previously discussed, both parties agree that Foley was in default. It seems quite clear that Foley did not comply with the written contract with regard to payment of equipment purchases. Although Krause renewed Foley's dealership agreement after the defaults, we are not persuaded that Krause waived the breach of contract. As a creditor, Krause may have simply decided to give Foley more time to pay for the equipment. Krause's lenient position regarding the collection of Foley's indebtedness certainly does not equate to a waiver on their part of Foley's breach of the dealership contract.