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 10:45am|
|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|
|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|
|17||12/22/2005||DISK - ATB|
|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|
|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|