Keller v. Bolding
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| 20030221 |
Robert Keller, Plaintiff and Appellee
v.
Mildred Bolding, individually
and as Trustee of the Kamrath
Family Trust, Defendant and Appellant
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| Appeal from: |
District Court,
Southwest Judicial District,
Hettinger County
Judge Ronald L. Hilden |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
01/2004 Argument: 01/06/2004 10:45am
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| ND cite: |
2004 ND 80
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| NW cite: |
678 N.W.2d 578
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I. Did the trial court err in failing to address the Plaintiff's failure to attempt to control noxious weeds as a breach of good husbandry?
II. Was termination a proper remedy for the breach of good husbandry?
III. Did the trial court err in determining the amount of damages for wrongful termination of the lease?
Appellee's Statement of the Issues:
1. The trial judge understood that the real reason for the appellants' lease cancellation was that pheasant fee hunting was conducted on the lease property and that the noxious weed complaint by appellants was not proven or justified.
2. The damages were appropriate.
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| 1 | | 07/29/2003 | |
NOTICE OF APPEAL: 07/28/2003 |
| 2 | | 07/29/2003 | |
ORDER FOR TRANSCRIPT: 07/28/2003 |
| 3 | | 08/27/2003 | |
RECORD ON APPEAL & Exhibits |
| 4 | | 09/11/2003 | |
TRANSCRIPT DATED February 7, 2003 |
| 5 | | 09/11/2003 | |
DISK - TRA (2-7-03)(e-mailed) |
| 6 | | 10/20/2003 | |
APPELLANT BRIEF |
| 7 | | 10/20/2003 | |
APPELLANT APPENDIX |
| 8 | | 10/23/2003 | |
DISK - ATB |
| 9 | | 10/27/2003 | |
Additional copy of Appellant Appendix |
| 10 | | 10/28/2003 | |
Copies of Judgment (inserted into ATA) |
| 11 | | 11/19/2003 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 12 | | 11/19/2003 | |
E-FILED MOTION/EXT/AEB |
| 13 | | 11/19/2003 | |
ACTION BY CLERK. Granted: 11/26/2003 |
| 14 | | 11/20/2003 | |
Hard Copy of Motion for Extension of Time to File Appellee's Brief |
| 15 | | 11/26/2003 | |
APPELLEE BRIEF |
| 16 | | 11/28/2003 | |
DISK - aeb |
| 17 | | 01/06/2004 | |
APPEARANCES: James D. Gion; Ronald A. Reichert |
| 18 | | 01/06/2004 | |
ARGUED: Gion; Reichert (Vol Y; Page 192) |
| 19 | | 01/06/2004 | |
ORAL ARGUMENT WEBCAST |
| 20 | | 04/13/2004 | |
DISPOSITION: AFFIRMED |
| 21 | | 04/13/2004 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 22 | | 04/13/2004 | |
Costs on appeal awarded in favor of the Appellee, Robert Keller |
| 23 | | 04/14/2004 | |
Judgment Mailed to Parties |
| 24 | | 05/07/2004 | |
MANDATE |
| 25 | | 05/14/2004 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 26 | | 11/05/2010 | |
EXPUNGED - Nonpermanent record items destroyed |