Erickson v. Brown
John D. Erickson,
Richard B. Dregseth,
Jon A. Ramsey, Plaintiffs and Appellants
Randy Brown and
Capital Harvest, Inc., Defendants and Appellees
Northeast Central Judicial District,
Grand Forks County
Judge Karen Kosanda Braaten
|Nature of Action:||Contracts|
|Term:||09/2007  Argument: 09/17/2007|
|ND cite:||2008 ND 57|
747 N.W.2d 34
Listen to recording of oral argument in MP3 format
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.
|Add Docket 20070044 RSS|
|1||02/08/2007 NOTICE OF APPEAL: 02/07/2007|
|2||02/08/2007 ORDER FOR TRANSCRIPT: 02/07/2007|
|3||02/14/2007 RETENTION OF RECORD ON APPEAL: 03/29/2007|
|4||03/29/2007 TRANSCRIPTS (9) DATED 8/29/05, 11/13/06, 11/28/06, 11/29/06, 11/30/06,|
|5||03/29/2007 12/01/06, 12/04/06, 12/05/06, & 12/06/06|
|6||03/29/2007 Clerk's Certificate of Service of Copies of the Transcripts|
|7||04/02/2007 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|
|8||03/30/2007 RECORD ON APPEAL (5 Volumes) w/Separates (Entry Nos. 44, 110-116, 119, 140, 197-199).|
|9||03/30/2007 Not rec'd w/ROA were Entry Nos. 43, 76, 98, 99, 122, 203, 204, & 217.|
|10||05/08/2007 APPELLANT BRIEF (e-filed) (PDF)|
|11||05/08/2007 E-FILED BRIEF (ATB) (PDF)|
|12||05/08/2007 APPELLANT APPENDIX (e-filed)|
|13||05/08/2007 E-FILED APPENDIX (ATA)|
|14||05/09/2007 Received $26 surcharge for ATB & ATA (Receipt #17378)|
|15||05/17/2007 Received 7 copies of ATB from CSD|
|16||05/17/2007 Received 6 copies of ATA from CSD|
|17||06/07/2007 APPELLEE BRIEF (e-filed)|
|18||06/07/2007 E-FILED BRIEF (AEB)|
|19||06/07/2007 APPELLEE APPENDIX (e-filed)|
|20||06/07/2007 E-FILED APPENDIX (AEB)|
|21||06/07/2007 Affidavit of Service by e-mail dated 6-7-07 of AEB & AEA|
|22||06/12/2007 Affidavit of Service by e-mail dated 6-12-07 of the corrected AEB|
|23||06/12/2007 Received $25 surcharge for AEB (Receipt #17576)|
|24||06/18/2007 Received 7 copies of AEB from Central Duplicating.|
|25||06/15/2007 Received 6 copies of AEA from Central Duplicating.|
|26||06/25/2007 REPLY BRIEF (e-filed)|
|27||06/25/2007 E-FILED BRIEF (RYB) e-filed|
|28||06/28/2007 Received 7 copies of RYB from Central Duplicating.|
|29||09/07/2007 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|30||09/07/2007 SITTING WITH THE COURT: Olson, Everett Nels|
|31||09/17/2007 APPEARANCES: Ronald H. McLean; David J. Eilertson, Randy Brown|
|32||09/17/2007 ARGUED: McLean; Eilertson|
|33||09/17/2007 ORAL ARGUMENT WEBCAST|
|34||03/24/2008 DISPOSITION (remanded): AFFIRMED/PT, REVERSED/PT|
|35||03/24/2008 SPLIT OPINION: Crothers, Daniel John|
|36||03/24/2008 (CONCUR in part and DISSENT in part): Crothers, Daniel John: CON/DIS|
|37||03/24/2008 At court's direction, no costs will be taxed in this appeal|
|38||03/24/2008 Judgment E-Mailed to Parties|
|40||04/23/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|