Erickson v. Brown

20070044 John D. Erickson,
Richard B. Dregseth,
Jon A. Ramsey, Plaintiffs and Appellants
v.
Randy Brown and
Capital Harvest, Inc., Defendants and Appellees

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Karen Kosanda Braaten
Nature of Action: Contracts
Counsel:
Appellant: Serkland Law Firm
Appellee: David James Eilertson
Term: 09/2007   Argument: 09/17/2007  1:30pm
ND cite: 2008 ND 57
NW cite: 747 N.W.2d 34

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
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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Docket entries:
102/08/2007 NOTICE OF APPEAL: 02/07/2007
202/08/2007 ORDER FOR TRANSCRIPT: 02/07/2007
302/14/2007 RETENTION OF RECORD ON APPEAL: 03/29/2007
403/29/2007 TRANSCRIPTS (9) DATED 8/29/05, 11/13/06, 11/28/06, 11/29/06, 11/30/06,
503/29/2007 12/01/06, 12/04/06, 12/05/06, & 12/06/06
603/29/2007 Clerk's Certificate of Service of Copies of the Transcripts
704/02/2007 DISK-tra(8/29/05, 11/13/06, 11/28/06, 11/29/06, 11/30/06, 12/01/06, 12/04/06, 12/05/06, & 12/06/06
803/30/2007 RECORD ON APPEAL (5 Volumes) w/Separates (Entry Nos. 44, 110-116, 119, 140, 197-199).
903/30/2007 Not rec'd w/ROA were Entry Nos. 43, 76, 98, 99, 122, 203, 204, & 217.
1005/08/2007 APPELLANT BRIEF (e-filed) (PDF)
1105/08/2007 E-FILED BRIEF (ATB) (PDF)
1205/08/2007 APPELLANT APPENDIX (e-filed)
1305/08/2007 E-FILED APPENDIX (ATA)
1405/09/2007 Received $26 surcharge for ATB & ATA (Receipt #17378)
1505/17/2007 Received 7 copies of ATB from CSD
1605/17/2007 Received 6 copies of ATA from CSD
1706/07/2007 APPELLEE BRIEF (e-filed)
1806/07/2007 E-FILED BRIEF (AEB)
1906/07/2007 APPELLEE APPENDIX (e-filed)
2006/07/2007 E-FILED APPENDIX (AEB)
2106/07/2007 Affidavit of Service by e-mail dated 6-7-07 of AEB & AEA
2206/12/2007 Affidavit of Service by e-mail dated 6-12-07 of the corrected AEB
2306/12/2007 Received $25 surcharge for AEB (Receipt #17576)
2406/18/2007 Received 7 copies of AEB from Central Duplicating.
2506/15/2007 Received 6 copies of AEA from Central Duplicating.
2606/25/2007 REPLY BRIEF (e-filed)
2706/25/2007 E-FILED BRIEF (RYB) e-filed
2806/28/2007 Received 7 copies of RYB from Central Duplicating.
2909/07/2007 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
3009/07/2007 SITTING WITH THE COURT: Olson, Everett Nels
3109/17/2007 APPEARANCES: Ronald H. McLean; David J. Eilertson, Randy Brown
3209/17/2007 ARGUED: McLean; Eilertson
3309/17/2007 ORAL ARGUMENT WEBCAST
3403/24/2008 DISPOSITION (remanded): AFFIRMED/PT, REVERSED/PT
3503/24/2008 SPLIT OPINION: Crothers, Daniel John
3603/24/2008 (CONCUR in part and DISSENT in part): Crothers, Daniel John: CON/DIS
3703/24/2008 At court's direction, no costs will be taxed in this appeal
3803/24/2008 Judgment E-Mailed to Parties
3904/15/2008 MANDATE
4004/23/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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