Dakota Partners v. Glopak, Inc.

20010092 Dakota Partners, L.L.P.,
f/k/a Dakota Partners, Plaintiff and Appellant
v.
Glopak, Inc., Defendant and Appellee
----------
Michael R. Larson and
Robert E. Larson, Defendants

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Thomas J. Schneider
Nature of Action: Contracts
Counsel:
Appellant: Anderson, Bottrell, Sanden & Thompson
Appellee: Conmy Feste, Ltd.
Term: 09/2001   Argument: 09/04/2001  2:45pm
ND cite: 2001 ND 168
NW cite: 634 N.W.2d 520

Listen to recording of oral argument in MP3 format

Issues: 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 Does a contract that has been properly rescinded support an action for breach?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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Docket entries:
104/04/2001 NOTICE OF APPEAL: 04/02/2001
204/04/2001 ORDER FOR TRANSCRIPT: 04/02/2001
304/04/2001 TRANSCRIPT DATED October 10, 2000
404/04/2001 DISK - TRA of 10-10-00
504/09/2001 Amended Certificate of Service of Copies of Transcript
605/07/2001 RECORD ON APPEAL, original Transcript dated 10-10-00, & Exhibits
705/10/2001 APPELLANT BRIEF
805/10/2001 APPELLANT APPENDIX
905/11/2001 DISK - ATB
1006/07/2001 APPELLEE BRIEF of Glopak Inc.
1106/07/2001 APPELLEE APPENDIX of Glopak Inc.
1206/15/2001 DISK of AEB
1306/15/2001 Covers for original AEB and AEA
1409/04/2001 APPEARANCES: Lowell P. Bottrell; Wickham Corwin
1509/04/2001 ARGUED: Bottrell; Corwin (Vol. X; page 149)
1609/04/2001 ORAL ARGUMENT WEBCAST
1710/16/2001 DISPOSITION: AFFIRMED
1810/16/2001 UNANIMOUS OPINION: Sandstrom, Dale V.
1910/16/2001 Costs on appeal taxed in favor of appellee
2010/23/2001 Order/Judgment Mailed to Parties
2111/16/2001 MANDATE
2211/20/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2308/14/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014