Argabright v. Rodgers
|
| 20020246 |
Brian Argabright, Plaintiff and Appellant
v.
Jeffrey G. Rodgers and
Rhonda Rodgers, Defendants and Appellees
|
| Appeal from: |
District Court,
Northeast Judicial District,
McHenry County
Judge John C. McClintock, Jr. |
|
Nature of Action: |
Contracts
|
| Counsel: |
|
| Term: |
03/2003 Argument: 03/18/2003 10:45am
|
| ND cite: |
2003 ND 59
|
| NW cite: |
659 N.W.2d 369
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
1. Is Brian Argabright entitled to a commission for the sale of the manufactured mobile home from Rodgers in the sum of $2,400, and when no agency agreement exists or can be inferred by the testimony between Argabright and Gillmore and when Gillmore
is not a party in interest?
2. Does the trial court's ruling misconstrue the exclusive listing contracts provision, and when a commission is due to Argabright regardless of the entity that sells the unit?
3. Should the trial court's decision be reversed and further proceedings had as to whether Brian Argabright is entitled to a recovery of attorney fees as provided for by the listing agreement?
|
|
 Add Docket 20020246 RSS
|
| 1 | | 09/13/2002 | |
NOTICE OF APPEAL: 09/12/2002 |
| 2 | | 09/13/2002 | |
ORDER FOR TRANSCRIPT: 09/12/2002 |
| 3 | | 10/15/2002 | |
RECORD ON APPEAL & Exhibits (Not rec'd: #27 & 32 -- Steno Notes) |
| 4 | | 11/01/2002 | |
TRANSCRIPT DATED April 11, 2002 |
| 5 | | 11/08/2002 | |
DISK of TRA dated 4-11-02 |
| 6 | | 12/04/2002 | |
APPELLANT BRIEF |
| 7 | | 12/04/2002 | |
APPELLANT APPENDIX |
| 8 | | 12/05/2002 | |
DISK - ATB |
| 9 | | 12/24/2002 | |
Letter from Michael S. McIntee RE: He does not represent Jeffrey & Rhonda Rodgers in this case. |
| 10 | | 01/02/2003 | |
Receipt signed by Rhonda Rodgers (acknowleding that she has rec'd the Appellant Brief, |
| 11 | | 01/02/2003 | |
the Appendix, and the Transcript, and directing the McIntee Law Firm not to do the appeal |
| 12 | | 01/02/2003 | |
in this matter; Jeff Rodgers will handle the appeal himself) |
| 13 | | 01/02/2003 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 14 | | 01/02/2003 | |
ACTION BY CLERK (MAE). Granted: 02/03/2003 |
| 15 | | 02/12/2003 | |
MOT. EXT/TIME APPELLEE BRIEF (Sua Sponte) |
| 16 | | 02/12/2003 | |
ACTION BY CLERK (MAE Sua Sponte). Granted: 02/12/2003 |
| 17 | | 02/12/2003 | |
APPELLEE BRIEF |
| 18 | | 02/12/2003 | |
DISK - AEB (e-mailed in PDF format) (per PM does not need DNC) |
| 19 | | 03/18/2003 | |
APPEARANCES: Robert S. Rau, Brian Argabright; Jeffrey G. Rodgers |
| 20 | | 03/18/2003 | |
ARGUED: Rau; Rodgers (Vol. Y; Page 99) |
| 21 | | 03/18/2003 | |
ORAL ARGUMENT WEBCAST |
| 22 | | 04/15/2003 | |
DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT |
| 23 | | 04/15/2003 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 24 | | 04/15/2003 | |
COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT |
| 25 | | 04/16/2003 | |
Judgment Mailed to Parties |
| 26 | | 05/08/2003 | |
MANDATE |
| 27 | | 05/12/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 28 | | 08/18/2008 | |
EXPUNGED - Nonpermanent record items destroyed |