Erickson v. Brown
Richard B. Dregseth,
Jon A. Ramsey, Plaintiffs and Appellants
v.
Randy Brown and
Capital Harvest, Inc., Defendants and Appellees
Judge Karen Kosanda Braaten
| Appellant: | Serkland Law Firm | |
| Appellee: | David James Eilertson |
Listen to recording of oral argument in MP3 format
1. Did the district court err by dismissing all claims against Capital Harvest, Inc.
2.Did the district court err by dismissing Richard B. Dregseth's and Jon A. Ramsey's claims for deceit against Randy Brown.
3. Did the district court err by dismissing Richard B. Dregseth's and Jon A. Ramsey's equitable claims for promissory estoppel, equitable estoppel and unjust enrichment against Randy Brown.
4. Did the district court err by not instructing the jury regarding accord and the duty of good faith.
5. Did the district court err by excluding evidence of improper accounting practices by Brown.
Appellee's Statement of the Issues:
A. The District Court properly Dismissed Various Claims against Capital Harvest.
B. The District Court Properly Dismissed Dregseth and Ramsey's Claims for Deceit .
C. The District Court Properly Dismissed Plaintiffs' Equitable Claims in Summary Judgment.
D. The Trial Court Properly Instructed the Jury on the Theory of Novation and Contract by Omitting Instructions Regarding Accord and Satisfaction and Good Faith under the Uniform Commercial Code.
E. The trial court did not abuse its discretion when it sustained the defendant's objection to the introduction of evidence of a non-parties' accounting practices which had no bearing on whether Capital Harvest should have received a discount fee.
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