Dakota Partners v. Glopak, Inc.
Dakota Partners, L.L.P.,
f/k/a Dakota Partners, Plaintiff and Appellant
Glopak, Inc., Defendant and Appellee
Michael R. Larson and
Robert E. Larson, Defendants
South Central Judicial District,
Judge Thomas J. Schneider
|Nature of Action:||Contracts|
|Term:||09/2001  Argument: 09/04/2001 2:45pm|
|ND cite:||2001 ND 168|
634 N.W.2d 520
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Did the trial court err in dismissing the claim by Dakota Partners against Glopak, Inc., holding that the contracts between Dakota Partners and Glopak, Inc., were not separate and independent contracts and were subject to rescission because of fraudulent activity by the assignors?
Appellee's Statement of the Issues:
1. Does a contract that has been properly rescinded support an action for breach?
2. Does the fraud which extinguishes the contract also vitiate the waiver of defense clause contained in that contract?
3. Should one innocent victim of fraud be forced to indemnify another, particularly when its own loss is already by far the greatest?
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|1||04/04/2001||NOTICE OF APPEAL: 04/02/2001|
|2||04/04/2001||ORDER FOR TRANSCRIPT: 04/02/2001|
|3||04/04/2001||TRANSCRIPT DATED October 10, 2000|
|4||04/04/2001||DISK - TRA of 10-10-00|
|5||04/09/2001||Amended Certificate of Service of Copies of Transcript|
|6||05/07/2001||RECORD ON APPEAL, original Transcript dated 10-10-00, & Exhibits|
|9||05/11/2001||DISK - ATB|
|10||06/07/2001||APPELLEE BRIEF of Glopak Inc.|
|11||06/07/2001||APPELLEE APPENDIX of Glopak Inc.|
|12||06/15/2001||DISK of AEB|
|13||06/15/2001||Covers for original AEB and AEA|
|14||09/04/2001||APPEARANCES: Lowell P. Bottrell; Wickham Corwin|
|15||09/04/2001||ARGUED: Bottrell; Corwin (Vol. X; page 149)|
|16||09/04/2001||ORAL ARGUMENT WEBCAST|
|18||10/16/2001||UNANIMOUS OPINION: Sandstrom, Dale V.|
|19||10/16/2001||Costs on appeal taxed in favor of appellee|
|20||10/23/2001||Order/Judgment Mailed to Parties|
|22||11/20/2001||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|23||08/14/2007||EXPUNGED - Nonpermanent record items destroyed|