Matrix Properties Corp., fka E.W. Wylie Corp. v. TAG Investments

990336 Matrix Properties Corporation, a
Minnesota corporation, formerly
known as E.W. Wylie Corporation, Plaintiff and Appellee
v.
TAG Investments, a North Dakota
partnership, and James A. Grettum,
an individual resident of North
Dakota, Defendants and Appellants

Appeal from: District Court, East Central Judicial District, Cass County
Judge Ralph Robert Erickson
Nature of Action: Contracts
Counsel:
Appellant: Garaas Law Firm
Appellee: Vogel Law Firm
Term: 03/2000   Argument: 03/27/2000  1:30pm
ND cite: 2000 ND 88
NW cite: 609 N.W.2d 737


Issues: Appellant's Statement of the Issues:
1. Has an Option to Purchase dated October 14, 1996, terminated by its own terms because of the failure of E. W. Wylie Corporation to purchase twenty acres by June 1, 1999?
2. Can the doctrine of equitable conversion create a contract that does not exist in law?
3. Is it proper to apply the doctrine of equitable conversion in this case because of either (a) lack of mutuality of remedies or (b) lack of the intent of the parties to have the doctrine control?
4. If the doctrine of equitable conversion is applicable, could the doctrine be applied to a time in which E. W. Wylie Corporation's performance was still conditional?
5. Should E. W. Wylie Corporation's Complaint be dismissed for failure to state a claim upon which relief can be granted?

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Docket entries:
111/05/1999 NOTICE OF APPEAL: 11/02/1999
211/05/1999 ORDER FOR TRANSCRIPT: 11/02/1999
311/30/1999 RETENTION OF RECORD ON APPEAL (retained by Vicky Matthys): 12/22/1999
412/21/1999 TRANSCRIPT DATED 10-06-99
512/22/1999 DISK - TRA
601/28/2000 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
701/28/2000 RECORD ON APPEAL, including TRA dated 12-29-99 (Clerk's Cert. Nos. 27, 55, & 70 - tapes were
801/28/2000 retained in District Court)
901/28/2000 APPELLANT BRIEF
1001/28/2000 APPELLANT APPENDIX
1101/31/2000 DISK - ATB
1202/04/2000 MOTION TO DISMISS APPEAL FOR FAILURE TO FILE SUPERSEDEAS BOND & Brief. RspDue: 02/16/2000
1302/07/2000 SUPPLEMENTAL CLERK'S CERTIFICATE DATED FEBRUARY 4, 2000 (Entry No's 72 thru 76)
1402/10/2000 Supplemental Clerk's Certificate dated 2-9-00 (Entry Nos. 77, 78, & 79, which includes 2 trans.)
1502/15/2000 Response to Motion to Dismiss, Brief in Support, Affidavit of James Grettum, Appendix to Affidavit
1602/15/2000 MOTION OF APPELLANTS TO VACATE ORDER REQUIRING SUPERSEDEAS BOND (part of Response to Mot/Dismiss)
1702/16/2000 ACTION BY SUPREME COURT (Mot/Dismiss). Denied
1802/16/2000 ACTION BY SUPREME COURT (Mot/Vacate Order Requiring Supersedeas Bond). Granted
1902/18/2000 Order Mailed to Parties
2002/25/2000 SITTING WITH THE COURT: Hilden, Ronald L.
2102/25/2000 APPELLEE BRIEF
2202/25/2000 DISK - AEB
2303/10/2000 REPLY BRIEF
2403/14/2000 DISK - RYB
2503/27/2000 APPEARANCES: Jonathan T. Garaas; Sidney J. Spaeth
2603/27/2000 ARGUED: Garaas; Spaeth (Vol. X; page 8)
2704/27/2000 DISPOSITION: AFFIRMED
2804/27/2000 UNANIMOUS OPINION: VandeWalle, Gerald W.
2904/27/2000 Costs on appeal taxed in favor of appellee
3004/27/2000 Judgment Mailed to Parties
3105/05/2000 MOTION FOR COPY OF TAPE OF ORAL ARGUMETN UNDER OPEN RECORDS LAW & BRIEF IN SUPPORT
3205/05/2000 DISK - (above MOT)
3305/10/2000 ACTION BY SUPREME COURT. Denied
3405/10/2000 PETITION FOR REHEARING
3505/12/2000 DISK - PER
3605/30/2000 ACTION BY SUPREME COURT (PER). Denied
3706/07/2000 MANDATE
3806/13/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3903/05/2007 EXPUNGED - Nonpermanent record items destroyed

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