Hildenbrand v. Capital RV Center, Inc.
Roger Hildenbrand, Plaintiff and Appellant
Capital RV Center, Inc., Defendant and Appellee
South Central Judicial District,
Judge Gail Hagerty
|Nature of Action:||Contracts|
|Term:||10/2010  Argument: 10/07/2010|
|ND cite:||2011 ND 37|
794 N.W.2d 733
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
The issues in this matter are as follows:
A. In a matter brought in conversion, in which the primary relief sought is possession of the vehicle converted, was it error for the Court to refuse to ask the jury to decide to whom possession of the vehicle should be given.
B. Was it error for the Court to fail to ask the jury to decide if there was a meeting of the minds between the parties, that is, if both parties had the same understanding of what essential terms of the written purchase agreement meant.
C. Was it error for the Court to fail to find, as a matter of law and fact, that because the parties had a different understanding of what the word "paintwork" in the contract entailed, the contract must be rescinded on grounds of mistake or lack of meeting of the minds.
D. Where there was no finding by the jury that there was a valid agreement between the parties, and no allegation by Defendant that Plaintiff breached any agreement, was it error for the Court to award possession of Plaintiff's vehicle to the Defendant.
E. Where the Defendant had not alleged in the pleadings that it suffered damages, and where the Defendant had not introduced any evidence of damages at trial, was it error for the Court to award possession of Plaintiff's vehicle to Defendant, as damages.
F. Even if Plaintiff did breach an agreement between the parties, where the parties' agreement did not provide for liquidated damages, there was no evidence that the parties agreed to liquidate damages, and the Defendant offered no evidence of actual damages, did the Court's award of possession of Plaintiff's vehicle to Defendant amount to improper or excessive liquidated damages.
Appellee's Statement of the Issues:
Capital RV forwards the following issues for consideration:
I. Did the District Court correctly determine which questions of fact to be presented to the jury in the special verdict form?
II. Whether the District Court awarded title of the 5th Wheel to Capital RV as damages?
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|1||04/20/2010 NOTICE OF APPEAL: 04/19/2010|
|2||04/20/2010 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.|
|3||04/22/2010 ORDER FOR TRANSCRIPT: 04/21/2010|
|4||06/07/2010 DISK - TRA February 11-12,2010 (2 volumes emailed)|
|5||06/08/2010 TRANSCRIPT DATED February 11-12, 2010 & C.O.S. (Volume I & II) - hand delivered|
|6||06/09/2010 RECORD ON APPEAL & SEPARATES|
|7||07/14/2010 APPELLANT BRIEF (e-filed)|
|8||07/14/2010 E-FILED BRIEF (ATB)|
|9||07/14/2010 APPELLANT APPENDIX (e-filed)|
|10||07/14/2010 E-FILED APPENDIX (ATA)|
|11||07/16/2010 Received $31.50 surcharge for ATB & ATA (Receipt #19722)|
|12||07/20/2010 Received 7 copies of ATB from CSD|
|13||07/20/2010 Received 6 copies of ATA from CSD|
|14||08/13/2010 APPELLEE BRIEF (e-filed) (PDF)|
|15||08/13/2010 E-FILED BRIEF (AEB) (PDF)|
|16||08/13/2010 APPELLEE APPENDIX (e-filed)|
|17||08/13/2010 E-FILED APPENDIX (AEA)|
|18||08/16/2010 Received $25 surcharge for AEB (Receipt #19774)|
|19||08/19/2010 Received 7 copies of AEB from CSD|
|20||08/19/2010 Received 6 copies of AEA from CSD|
|21||08/26/2010 REPLY BRIEF of Appellant (e-filed) (PDF)|
|22||08/26/2010 E-FILED BRIEF (RYB) (PDF)|
|23||08/30/2010 Received 7 copies of RYB from CSD|
|24||09/21/2010 NOTICE OF ORAL ARGUMENT SENT|
|25||09/23/2010 SITTING WITH THE COURT: Schmalenberger, Allan L.|
|26||10/07/2010 ARGUED: Rudra Tamm; David J. Smith|
|27||10/07/2010 APPEARANCES: Rudra Tamm; David J. Smith|
|28||10/07/2010 ORAL ARGUMENT WEBCAST|
|29||02/11/2011 DISPOSITION: AFFIRMED|
|30||02/11/2011 UNANIMOUS OPINION: Crothers, Daniel John|
|31||02/11/2011 Costs on appeal taxed in favor of appellee|
|32||02/15/2011 Judgment Sent to Parties|
|34||03/10/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|