Johnson Farms v. McEnroe

20010148 Johnson Farms, a general
partnership, Plaintiff and Appellant
v.
George G. McEnroe and
Donna McEnroe, Defendants and Appellees

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Kirk Smith
Nature of Action: Real Property
Counsel:
Appellant: Pearson Christensen & Clapp, PLLP
Appellee: Robert Vaaler
Term: 12/2002   Argument: 12/09/2002  2:45pm
ND cite: 2002 ND 122
NW cite: 656 N.W.2d 1

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether The District Court's Finding That There Was No Oral Agreement For The Sale Of Real Property Was Clearly Erroneous.
II. Whether The District Court's Finding That The Initial Exchange Of Property Was Completed Through An Exchange Of Equally Valued Property Was Clearly Erroneous.
III. Whether The District Court Erred As A Matter Of Law In Holding That An Oral Agreement Without An Express Time For Performance Is Unenforceable.

Issues of Appellant following granting of Petition for Rehearing:
Whether the case should be remanded to the district court for determination of the appropriate remedy.

Appellee's Statement of the Issues:
I. Whether the trial court correctly concluded that appellant Johnson farms wholly failed to prove its claim for specific performance.
II. Whether the trial court correctly concluded that the statues of frauds rendered the alleged oral agreement unenforceable.
III. Whether the trial court correctly concluded that the alleged oral agreement failed for want of evidence of mutual consent.

Issues of Appellees following granting of Petition for Rehearing
The issue presented for review by the Supreme Court was specifically restricted and enumerated to address only the question of whether the case should be remanded to the district court for determination of the appropriate remedy.

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Docket entries:
106/08/2001 NOTICE OF APPEAL: 06/06/2001
206/08/2001 ORDER FOR TRANSCRIPT: 06/06/2001
306/11/2001 RETENTION OF RECORD ON APPEAL: 07/26/2001
407/02/2001 RECORD ON APPEAL (3 vols.); Exhibits; Depositions (4); and Transcripts (14) w/ 2 Master Indexes
507/16/2001 TRANSCRIPT DATED 12/4/00
607/17/2001 DISK - TRA (12/4/00)
708/27/2001 APPELLANT BRIEF
808/27/2001 APPELLANT APPENDIX
908/28/2001 DISK - ATB
1009/07/2001 Supplemental Clerk's Certificate of Record (Entry #199)
1109/29/2001 APPELLEE BRIEF
1209/29/2001 Addendum to Appellee Brief
1310/01/2001 DISK - AEB
1410/15/2001 REPLY BRIEF
1510/16/2001 DISK - RYB
1611/20/2001 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
1711/20/2001 SITTING WITH THE COURT: Schneider, Thomas J.
1811/26/2001 APPEARANCES: Douglas A. Christensen; Robert Vaaler
1911/26/2001 ARGUED: Christensen; Vaaler (Vol. X; Page 179)
2011/26/2001 ORAL ARGUMENT WEBCAST
2107/17/2002 INTERIM DISPOSITION - REVERSED
2207/17/2002 SPLIT OPINION (William A. Neumann)
2307/17/2002 (DISSENT): Kapsner, Carol Ronning: DISSENT
2407/17/2002 Costs on appeal taxed in favor of Appellant
2507/17/2002 Order/Judgment Mailed to Parties
2607/29/2002 PETITION FOR REHEARING. RspDue: 08/26/2002
2708/05/2002 Blue covers for PER
2808/05/2002 DISK - PER
2908/27/2002 Response to Petition for Rehearing Filed
3008/28/2002 DISK - Rsp/Pet/Rehearing
3108/28/2002 ACTION BY SUPREME COURT (PER). Granted
3209/30/2002 Appellant's Brief following granting of the Petition for Rehearing
3310/04/2002 Corrected TOA and page for ATB(PER) received
3410/04/2002 DISK - AT1 (Support of Petition for Rehearing)
3511/01/2002 Appellee's Brief in Opposition to Petition for Rehearing
3611/01/2002 Appellee's Appendix in support of Opposition to Petition for Rehearing
3711/04/2002 DISK - AE1 (Opposition to Petition for Rehearing)
3812/09/2002 APPEARANCES: Douglas A. Christensen; Robert A. Vaaler
3912/09/2002 ARGUED: Christensen; Vaaler (Vol. Y; Page 61)
4012/09/2002 ORAL ARGUMENT WEBCAST
4101/22/2003 DISPOSITION: REVERSED AND REMANDED
4201/22/2003 SPLIT OPINION: Neumann, William A.
4301/22/2003 (DISSENT): Kapsner, Carol Ronning: DISSENT
4401/22/2003 Amended Judgment Mailed to Parties
4501/30/2003 MANDATE
4602/05/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4702/05/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/31/2014