Landers v. Biwer

20050313 Jerry Landers, Randy Landers,
Julie Landers, Altha Landers,
and Herman Landers, Plaintiffs and Appellees
v.
Neal Biwer and Cherlyn Biwer, Defendants and Appellants

Appeal from: District Court, Northwest Judicial District, Mountrail County
Judge Douglas L. Mattson
Nature of Action: Contracts
Counsel:
Appellee: Frantsvog Law, P.C.
Appellant: Vogel Law Firm
Term: 02/2006   Argument: 02/15/2006  10:45am
ND cite: 2006 ND 109
NW cite: 714 N.W.2d 476

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Did the Court abuse its discretion when it denied the Biwers' request for specific performance.
A. Was the Option Agreement just and reasonable.
B. Was the Landers' assent to the Option agreement obtained by misrepresentation.
1. Is the Court's memorandum decision inconsistent and not supported by the evidence.
2. Are the Landers estopped from claiming misrepresentation because they did not read the contracts.
II. Did the Court err when it found that the Biwers suffered no damages due to the Landers' breach of the Option Agreement.
III. Did the Court err when it awarded the Landers money damages based on their claims concerning the Wisek disc.


Appellee's Statement of the Issues:
I. The trial court did not abuse its discretion when it determined that specific performance was not warranted under the circumstances.
II. The court correctly determined that the Biwers suffered no damages as a result of a breach of the option agreement.
III. The trial court was correct in awarding $1,100 to the appellants for the use of the Wishek disk.
IV. Did the trial court err in denying the Landers' request to rescind the option contract?

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Docket entries:
109/09/2005 NOTICE OF APPEAL: 09/07/2005
209/09/2005 ORDER FOR TRANSCRIPT: 09/07/2005
309/09/2005 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
409/09/2005 RETENTION OF RECORD ON APPEAL & request for advanced payment for preparation of TRA: 10/27/2005
510/26/2005 TRANSCRIPT DATED April 14 & 15, 2004 Transcript dated April 14 & 15, 2004
610/26/2005 DISK - tra (4/14&15/04) (e-mailed)
711/16/2005 RECORD ON APPEAL & Exhibits (Not rec'd: 16&29--steno notes and #73--Copy of NOA sent to Atty. Dean
811/16/2005 Fransvog, Atty. Monte L. Rogneby & Clerk of the Supreme Court)
912/01/2005 MOT. EXT/TIME APPELLANT BRIEF (e-mailed)
1012/01/2005 ACTION BY CLERK (mat). Granted: 12/15/2005
1112/01/2005 E-FILED MOTION
1212/14/2005 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
1312/14/2005 E-FILED MOTION (MAT)
1412/14/2005 ACTION BY CHIEF DEPUTY CLERK. Granted: 12/22/2005
1512/22/2005 APPELLANT BRIEF
1612/22/2005 APPELLANT APPENDIX
1712/22/2005 DISK - ATB
1801/19/2006 APPELLEE BRIEF
1901/19/2006 DISK (e-mailed) - AEB
2001/24/2006 SITTING WITH THE COURT: Marquart, Steven L.
2101/31/2006 MOT. EXT/TIME REPLY BRIEF (letter form)
2201/31/2006 E-FILED MOTION (MRY)
2302/01/2006 ACTION BY CLERK (MRY). Granted: 02/06/2006
2402/06/2006 REPLY BRIEF
2502/06/2006 DISK - RYB
2602/15/2006 APPEARANCES: Monte L. Rogneby; Dean A. Frantsvog
2702/15/2006 ARGUED: Rogneby; Frantsvog
2802/15/2006 ORAL ARGUMENT WEBCAST
2905/16/2006 DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT
3005/16/2006 UNANIMOUS OPINION: Sandstrom, Dale V.
3105/16/2006 At the direction of the Court no costs will be taxed on this appeal.
3205/19/2006 Judgment Mailed to Parties
3306/12/2006 MANDATE
3406/14/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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