O & K Glass Co. v. Innes Construction Co.

990252 O & K Glass Co., Plaintiff and Appellee
v.
Innes Construction Co., Inc., Defendant and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Joel D. Medd
Nature of Action: Contracts
Counsel:
Appellant: Carter McDonagh, P.L.L.P.
Appellee: Bredahl and Associates, P.C.
Term: 01/2000   Argument: 01/21/2000  1:30pm
ND cite: 2000 ND 56
NW cite: 608 N.W.2d 236


Issues: Appellant's Statement of the Issues:
I. Did the arbitrator exceed his powers by interpreting the joint check agreement irrationally in his finding that Innes and O&K were "jointly and severally liable" to Skytech?
II. Did the trial court abuse its discretion when it refused to consider proffered oral testimony?
III. Does the express language of the O&K subcontract and the joint payment agreement contradict the arbitrator's waiver finding?

Appellee's Statement of the Issues:
I. Did the arbitrator exceed his powers by interpreting the joint check agreement irrationally in his finding that Innes and O&K were "jointly and severally liable" to Skytech?
II. Did the trial court abuse its discretion when it refused to consider proffered oral testimony?
III. Does the express language of the O&K subcontract and the joint payment agreement contradict the arbitrator's waiver finding?

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Docket entries:
108/09/1999 NOTICE OF APPEAL: 08/05/1999
208/09/1999 ORDER FOR TRANSCRIPT (Kathleen Narlock): 08/05/1999
308/20/1999 RETENTION OF RECORD ON APPEAL: 09/24/1999
409/24/1999 TRANSCRIPT DATED July 28, 1999
509/27/1999 DISK - TRA (7-28-99)
609/28/1999 RECORD ON APPEAL
711/03/1999 APPELLANT BRIEF
811/03/1999 APPELLANT APPENDIX
911/04/1999 DISK - atb
1011/05/1999 DISK - Corrected ATB
1112/03/1999 APPELLEE BRIEF
1212/06/1999 DISK - aeb
1312/14/1999 Copies of corrected page iv, 13 & 15
1412/14/1999 DISK - corrected disk of AEB
1512/17/1999 REPLY BRIEF of Appellant
1612/20/1999 DISK - RYB
1701/21/2000 APPEARANCES: Ralph F. Carter; Tracy A. Gompf
1801/21/2000 ARGUED: Carter; Gompf (Vol. W; page 219)
1903/21/2000 DISPOSITION: AFFIRMED
2003/21/2000 UNANIMOUS OPINION: Maring, Mary Muehlen
2103/21/2000 Costs on appeal in favor of the Appellee, O&K Glass
2203/23/2000 Order/Judgment Mailed to Parties
2304/03/2000 PETITION FOR REHEARING
2404/04/2000 DISK - PER
2504/25/2000 ACTION BY SUPREME COURT (PER). Denied
2605/04/2000 MANDATE
2705/09/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2801/25/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 11/28/2014