Landers v. Biwer
Jerry Landers, Randy Landers,
Julie Landers, Altha Landers,
and Herman Landers, Plaintiffs and Appellees
Neal Biwer and Cherlyn Biwer, Defendants and Appellants
North Central Judicial District,
Judge Douglas L. Mattson
|Nature of Action:||Contracts|
|Term:||02/2006  Argument: 02/15/2006|
|ND cite:||2006 ND 109|
714 N.W.2d 476
Listen to recording of oral argument in MP3 format
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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|1||09/09/2005 NOTICE OF APPEAL: 09/07/2005|
|2||09/09/2005 ORDER FOR TRANSCRIPT: 09/07/2005|
|3||09/09/2005 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|4||09/09/2005 RETENTION OF RECORD ON APPEAL & request for advanced payment for preparation of TRA: 10/27/2005|
|5||10/26/2005 TRANSCRIPT DATED April 14 & 15, 2004 Transcript dated April 14 & 15, 2004|
|6||10/26/2005 DISK - tra (4/14&15/04) (e-mailed)|
|7||11/16/2005 RECORD ON APPEAL & Exhibits (Not rec'd: 16&29--steno notes and #73--Copy of NOA sent to Atty. Dean|
|8||11/16/2005 Fransvog, Atty. Monte L. Rogneby & Clerk of the Supreme Court)|
|9||12/01/2005 MOT. EXT/TIME APPELLANT BRIEF (e-mailed)|
|10||12/01/2005 ACTION BY CLERK (mat). Granted: 12/15/2005|
|11||12/01/2005 E-FILED MOTION|
|12||12/14/2005 MOT. EXT/TIME APPELLANT BRIEF (e-filed)|
|13||12/14/2005 E-FILED MOTION (MAT)|
|14||12/14/2005 ACTION BY CHIEF DEPUTY CLERK. Granted: 12/22/2005|
|15||12/22/2005 APPELLANT BRIEF|
|16||12/22/2005 APPELLANT APPENDIX|
|17||12/22/2005 DISK - ATB|
|18||01/19/2006 APPELLEE BRIEF|
|19||01/19/2006 DISK (e-mailed) - AEB|
|20||01/24/2006 SITTING WITH THE COURT: Marquart, Steven L.|
|21||01/31/2006 MOT. EXT/TIME REPLY BRIEF (letter form)|
|22||01/31/2006 E-FILED MOTION (MRY)|
|23||02/01/2006 ACTION BY CLERK (MRY). Granted: 02/06/2006|
|24||02/06/2006 REPLY BRIEF|
|25||02/06/2006 DISK - RYB|
|26||02/15/2006 APPEARANCES: Monte L. Rogneby; Dean A. Frantsvog|
|27||02/15/2006 ARGUED: Rogneby; Frantsvog|
|28||02/15/2006 ORAL ARGUMENT WEBCAST|
|29||05/16/2006 DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT|
|30||05/16/2006 UNANIMOUS OPINION: Sandstrom, Dale V.|
|31||05/16/2006 At the direction of the Court no costs will be taxed on this appeal.|
|32||05/19/2006 Judgment Mailed to Parties|
|34||06/14/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|35||01/11/2016 EXPUNGED - Nonpermanent record items destroyed|