Keller v. Bolding

20030221 Robert Keller, Plaintiff and Appellee
v.
Mildred Bolding, individually
and as Trustee of the Kamrath
Family Trust, Defendant and Appellant

Appeal from: District Court, Southwest Judicial District, Hettinger County
Judge Ronald L. Hilden
Nature of Action: Contracts
Counsel:
Appellant: Gion Law Office
Appellee: #Reichert, Herauf & Buresh, P.C.
Term: 01/2004   Argument: 01/06/2004  10:45am
ND cite: 2004 ND 80
NW cite: 678 N.W.2d 578

Listen to recording of oral argument in MP3 format

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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Docket entries:
107/29/2003 NOTICE OF APPEAL: 07/28/2003
207/29/2003 ORDER FOR TRANSCRIPT: 07/28/2003
308/27/2003 RECORD ON APPEAL & Exhibits
409/11/2003 TRANSCRIPT DATED February 7, 2003
509/11/2003 DISK - TRA (2-7-03)(e-mailed)
610/20/2003 APPELLANT BRIEF
710/20/2003 APPELLANT APPENDIX
810/23/2003 DISK - ATB
910/27/2003 Additional copy of Appellant Appendix
1010/28/2003 Copies of Judgment (inserted into ATA)
1111/19/2003 MOT. EXT/TIME APPELLEE BRIEF
1211/19/2003 E-FILED MOTION/EXT/AEB
1311/19/2003 ACTION BY CLERK. Granted: 11/26/2003
1411/20/2003 Hard Copy of Motion for Extension of Time to File Appellee's Brief
1511/26/2003 APPELLEE BRIEF
1611/28/2003 DISK - aeb
1701/06/2004 APPEARANCES: James D. Gion; Ronald A. Reichert
1801/06/2004 ARGUED: Gion; Reichert (Vol Y; Page 192)
1901/06/2004 ORAL ARGUMENT WEBCAST
2004/13/2004 DISPOSITION: AFFIRMED
2104/13/2004 UNANIMOUS OPINION: Sandstrom, Dale V.
2204/13/2004 Costs on appeal awarded in favor of the Appellee, Robert Keller
2304/14/2004 Judgment Mailed to Parties
2405/07/2004 MANDATE
2505/14/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2611/05/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/18/2014