Case Credit Corp. v. Oppegard's Inc.

20040369 Case Credit Corporation,
a Delaware Corporation, Plaintiff and Appellant
v.
Oppegard's, Inc., a North
Dakota Corporation, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Traill County
Judge Wade L. Webb
Nature of Action: Contracts
Counsel:
Appellant: Rodenburg Law Firm
Appellee: Ohnstad Twichell, P.C.
Term: 06/2005   Argument: 06/09/2005  10:45am
ND cite: 2005 ND 141
NW cite: 701 N.W.2d 891

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Under the North Dakota modified comparative fault statute, N.D.C.C.  32-03.2-02, persons who aid or encourage a tortious act are jointly liable for all damages attributable to their fault. Defendant Oppegard's, Inc. purchased a leased tractor from Waters, the lessee, without the knowledge or permission of Plaintiff Case Credit Corporation, the lessor. Waters kept the money and Oppegard's sold the tractor. Did Oppegard's, as a matter of law, aid Waters in the conversion of the tractor under  32-03.2-02?
(Case Credit contends the answer is yes.)
II. The trial court ruled that the question of whether Oppegard's aided Waters in the conversion of the tractor was a question for the jury. If that is correct, was the court required to give a jury instruction defining the term "aid" as used in N.D.C.C.  32-03.2-02?
(Case Credit contends the answer is yes.)
III. Is an award of interest mandatory under the conversion statute, N.D.C.C.  32-03-23, where damages are measured by the value of the property converted?
(Case Credit contends the answer is yes.)

Appellee's Statement of the Issues:
I. Where the negligent act of Oppegards in purchasing a leased tractor from Waters joined with the intentional act of Waters in retaining the sale proceeds so as to cause a conversion of the lessor's interest, did Oppegards, as a matter of law, "aid" the tortious act of Waters so as to create joint liability under N.D.C.C.  32-03.2-02? (Oppegards contends the answer is no.)
II. If Oppegards did not, as a matter of law, "aid" in Water's tortious act, was the Court required to give the jury instruction requested by Case defining the term "aid"? (Oppegards contends the answer is no.)
III. Is an award of interest mandatory under the conversion statute N.D.C.C.  32-03-23, where damages are measured by the value of the property converted? (Oppegards contends the answer is no.)

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Docket entries:
112/20/2004 NOTICE OF APPEAL: 12/17/2004
212/20/2004 ORDER FOR TRANSCRIPT: 12/17/2004
312/23/2004 NOTICE OF CROSS APPEAL (filed in trial court on 12-21-04)
402/03/2005 MOT. EXT/TIME TRANSCRIPT
502/03/2005 ACTION BY TRIAL COURT. Granted: 03/17/2005
602/03/2005 RETENTION OF RECORD ON APPEAL: 03/17/2005
703/07/2005 TRANSCRIPT DATED September 17, 2004, and October 5, 2004
803/07/2005 DISK - transcript (October 5, 2004 transcript - emailed)
903/08/2005 DISK - transcript (September 17, 2004 transcript by diskette)
1003/08/2005 Certificate of Service of Copies of Transcripts
1103/15/2005 RECORD ON APPEAL
1204/15/2005 APPELLANT BRIEF
1304/15/2005 APPELLANT APPENDIX
1404/18/2005 DISK - atb
1505/10/2005 APPELLEE BRIEF
1605/11/2005 DISK - AEB
1705/11/2005 Dismissal Agreement of Cross Appeal Pursuant to Rule 42, N.D.R.App.P
1805/11/2005 ACTION BY CLERK (re cross-appeal of AE Oppegard's, Inc.). Granted
1905/11/2005 Order Mailed to Parties
2005/26/2005 REPLY BRIEF
2105/27/2005 DISK - RYB
2205/31/2005 APPELLANT'S WAIVER OF ORAL ARGUMENT (faxed)
2305/31/2005 E-FILED AT'S WAIVER OF ORAL ARGUMENT
2406/01/2005 ACTION BY SUPREME COURT (OA waived on behalf of Appellant). Granted
2506/09/2005 APPEARANCES: Waived under NDRAppP 34(f); John P. Dosland
2606/09/2005 ARGUED: Dosland (Vol. Z; Page 132)
2706/09/2005 ORAL ARGUMENT WEBCAST
2807/25/2005 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT
2907/25/2005 UNANIMOUS OPINION: Kapsner, Carol Ronning
3007/25/2005 At the direction of the Court no costs be taxed on this appeal
3107/26/2005 Judgment Mailed to Parties
3208/05/2005 Mot. Ext/Time Petition for Rehearing & Affidavit/Support
3308/05/2005 E-FILED MOTION (MPR) (faxed)
3408/05/2005 ACTION BY CLERK. Granted: 08/18/2005
3508/18/2005 PETITION FOR REHEARING
3608/19/2005 DISK - PER
3708/31/2005 ACTION BY SUPREME COURT (PER). Denied
3809/09/2005 MANDATE
3909/13/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4009/19/2005 Corrected Opinion Page 3
4106/07/2012 EXPUNGED - Nonpermanent record items destroyed

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