B.J. Kadrmas, Inc. v. Oxbow Energy

20060137 B. J. Kadrmas, Inc., Plaintiff and Appellee
v.
Oxbow Energy, LLC, Defendant and Appellant
Appeal from: District Court, Southwest Judicial District, Stark County
Judge Allan L. Schmalenberger
Nature of Action: Contracts
Counsel:
Appellant: Mackoff Kellogg Law Firm
Appellee: Ramsey Law Office, P.L.L.C.
Term: 12/2006   Argument: 12/07/2006  01:30pm
ND cite: 2007 ND 12
NW cite: 727 N.W.2d 270

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Issues: Appellant's Statement of the Issues:
I. Did the trial court err in finding that the facts of the case supported the conclusion of an implied contract?
A. Standard of Review
B. The trial court erred in holding that the facts of the case support the conclusion an implied contract.
1. No implied in fact contract existed between B.J. Kadrmas and Oxbow.
a. Written contract did not exist
b. Estimate was requested before proceeding
2. No implied in law contract, or quasi-contract, existed between B.J. Kadrmas and Oxbow.
II. The trial court erred in finding that Oxbow Energy, LLC was required to pay bills assessed to it before Oxbow Energy, LLC's first contract with B.J. Kadrmas, Inc. on January 10, 2004.
III. The trial court erred in finding that Oxbow Energy, LLC was required to pay for work performed after Oxbow Energy, LLC told B.J. Kadrmas, Inc. to stop all work it was performing on Oxbow Energy, LLC's behalf.

Appellee's Statement of the Issues:
I. Did the trial court err in finding that the facts of the case supported the conclusion of an implied contract?
II. Did the trial court err in finding that Oxbow Energy, LLC was required to pay bills assessed to it before Oxbow Energy, LLC's first contact with B.J. Kadrmas, Inc. on January 10, 2004?
III. Did the trial court err in finding that Oxbow Energy, LLC was required to pay for work performed after Oxbow Energy, LLC told B.J. Kadrmas, Inc. to stop all work it was performing on Oxbow Energy, LLC's behalf?

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Docket entries:
105/08/2006 NOTICE OF APPEAL: 05/04/2006
205/08/2006 ORDER FOR TRANSCRIPT: 05/04/2006
306/07/2006 RETENTION OF RECORD ON APPEAL: 06/23/2006
406/23/2006 TRANSCRIPT DATED December 1, 2005
506/26/2006 DISK - Transcript dated December 1, 2005 (emailed)
606/30/2006 RECORD ON APPEAL
707/27/2006 MOT. EXT/TIME APPELLANT BRIEF
807/27/2006 ACTION BY CLERK. Granted: 09/01/2006
907/27/2006 E-FILED MOTION
1009/01/2006 APPELLANT BRIEF (PDF)
1109/01/2006 E-FILED BRIEF - ATB
1209/01/2006 APPELLANT APPENDIX
1309/01/2006 E-FILED APPENDIX - ATA
1409/05/2006 Received $25 Surcharge for ATB
1509/05/2006 Copies of ATB made
1609/05/2006 Copies of ATA made
1709/20/2006 MOT. EXT/TIME APPELLEE BRIEF
1809/20/2006 E-FILED MOTION (MAE)
1909/20/2006 ACTION BY CLERK (MAE). Granted: 10/31/2006
2010/30/2006 APPELLEE BRIEF (e-filed)
2110/30/2006 E-FILED BRIEF (AEB)
2210/30/2006 APPELLEE APPENDIX (e-filed)
2310/30/2006 E-FILED APPENDIX (AEA)
2410/31/2006 Received $25 surcharge for AEB (receipt #17161)
2510/31/2006 Made 7 copies of AEB & 6 copies of AEA
2612/07/2006 APPEARANCES: Timothy A. Priebe; Gary D. Ramsey, Beverly Kadrmas
2712/07/2006 ARGUED: Priebe; Ramsey
2812/07/2006 ORAL ARGUMENT WEBCAST
2902/01/2007 DISPOSITION: AFFIRMED
3002/01/2007 UNANIMOUS OPINION: Sandstrom, Dale V.
3102/01/2007 Costs on appeal taxed in favor of appellee
3202/01/2007 Judgment Mailed to Parties
3302/26/2007 MANDATE
3402/28/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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