Kost v. Kraft

20100159 Jim Kost, Plaintiff and Appellee
v.
Allen M. Kraft, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Gail Hagerty
Nature of Action: Contracts
Counsel:
Appellant: Chad Rory McCabe
Appellee: Derrick Lance Braaten
Term: 01/2011   Argument: 01/04/2011  10:00am
ND cite: 2011 ND 69
NW cite: 795 N.W.2d 712

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
ISSUE I : Whether the district court erred in granting summary judgment as to Kraft's counterclaims for leased harvesting equipment, when it made findings of fact to conclude that the part performance exception to the statute of frauds did not apply?
ISSUE II : Whether the district court erred in granting summary judgment as to Kraft's counterclaims, when it concluded the counterclaims did not appear to be properly disclosed during bankruptcy proceedings?

Appellee's Statement of the Issues:
ISSUE 1: Whether the district court erred in granting summary judgment as to Kraft's counterclaims for leased harvesting equipment when it concluded that the part performance exception to the statute of frauds did not apply
ISSUE 2: Whether the district court erred in granting summary judgment as to Kraft's counterclaims when it concluded that Kraft's counterclaims did not appear to be properly disclosed during bankruptcy proceedings

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Docket entries:
106/02/2010 NOTICE OF APPEAL: 05/28/2010
206/02/2010 ORDER FOR TRANSCRIPT: 05/28/2010
306/04/2010 Acknowledgment of OTR and request for Retention of Record: 07/17/2010
407/13/2010 TRANSCRIPTS DATED 9-8-09, 12-14-09, 02-05-10, 02-18-10 & C.O.S.
507/13/2010 DISK (TRA's) e-mailed
607/16/2010 RECORD ON APPEAL and Separates nos. 85,86,87,&90
708/19/2010 MOT. EXT/TIME APPELLANT BRIEF
808/19/2010 ACTION BY CLERK. Granted: 09/21/2010
909/17/2010 MOT. EXT/TIME APPELLANT BRIEF
1009/17/2010 E-FILED MOTION
1109/17/2010 Objection to Extension
1209/17/2010 EFILED RESPONSE
1309/17/2010 ACTION BY CHIEF JUSTICE (Maring, Acting Chief). Granted: 09/27/2010
1409/17/2010 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
1509/27/2010 APPELLANT BRIEF (e-filed)
1609/27/2010 E-FILED BRIEF (ATB)
1709/27/2010 APPELLANT APPENDIX (e-filed)
1809/27/2010 E-FILED APPENDIX (ATA)
1909/28/2010 Received $25 surcharge for ATB (Receipt #19984)
2009/30/2010 Received 7 copies of ATB from CSD
2109/30/2010 Received 6 copies of ATA from CSD
2210/25/2010 MOT. EXT/TIME APPELLEE BRIEF
2310/25/2010 ACTION BY CLERK (MAE). Granted: 11/10/2010
2411/10/2010 APPELLEE BRIEF (e-filed)
2511/10/2010 E-FILED BRIEF (AEB)
2611/22/2010 Received $25 surcharge for e-filed AEB (Receipt #20067)
2711/23/2010 Received 7 copies of AEB from CSD
2811/24/2010 REPLY BRIEF (e-filed) PDF
2911/24/2010 E-FILED BRIEF (RYB) PDF
3011/29/2010 Received 7 copies of RYB from Central Duplicating.
3112/13/2010 NOTICE OF ORAL ARGUMENT SENT
3212/20/2010 SITTING WITH THE COURT: Corwin, Wickham
3301/04/2011 APPEARANCES: Chad R. McCabe; Derrick L. Braaten
3401/04/2011 ARGUED: Chad R. McCabe; Derrick L. Braaten
3501/04/2011 ORAL ARGUMENT WEBCAST
3603/25/2011 DISPOSITION: REVERSED AND REMANDED
3703/25/2011 UNANIMOUS OPINION: Maring, Mary Muehlen
3803/25/2011 Costs on appeal taxed in favor of Appellant.
3903/28/2011 Judgment Sent to Parties
4004/18/2011 MANDATE
4104/20/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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