Matrix Properties Corp., fka E.W. Wylie Corp. v. TAG Investments
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| 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
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Ralph Robert Erickson |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
03/2000 Argument: 03/27/2000 01:30pm
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| ND cite: |
2000 ND 88
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| NW cite: |
609 N.W.2d 737
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| 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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 Add Docket 990336 RSS
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| 1 | | 11/05/1999 | |
NOTICE OF APPEAL: 11/02/1999 |
| 2 | | 11/05/1999 | |
ORDER FOR TRANSCRIPT: 11/02/1999 |
| 3 | | 11/30/1999 | |
RETENTION OF RECORD ON APPEAL (retained by Vicky Matthys): 12/22/1999 |
| 4 | | 12/21/1999 | |
TRANSCRIPT DATED 10-06-99 |
| 5 | | 12/22/1999 | |
DISK - TRA |
| 6 | | 01/28/2000 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 7 | | 01/28/2000 | |
RECORD ON APPEAL, including TRA dated 12-29-99 (Clerk's Cert. Nos. 27, 55, & 70 - tapes were |
| 8 | | 01/28/2000 | |
retained in District Court) |
| 9 | | 01/28/2000 | |
APPELLANT BRIEF |
| 10 | | 01/28/2000 | |
APPELLANT APPENDIX |
| 11 | | 01/31/2000 | |
DISK - ATB |
| 12 | | 02/04/2000 | |
MOTION TO DISMISS APPEAL FOR FAILURE TO FILE SUPERSEDEAS BOND & Brief. RspDue: 02/16/2000 |
| 13 | | 02/07/2000 | |
SUPPLEMENTAL CLERK'S CERTIFICATE DATED FEBRUARY 4, 2000 (Entry No's 72 thru 76) |
| 14 | | 02/10/2000 | |
Supplemental Clerk's Certificate dated 2-9-00 (Entry Nos. 77, 78, & 79, which includes 2 trans.) |
| 15 | | 02/15/2000 | |
Response to Motion to Dismiss, Brief in Support, Affidavit of James Grettum, Appendix to Affidavit |
| 16 | | 02/15/2000 | |
MOTION OF APPELLANTS TO VACATE ORDER REQUIRING SUPERSEDEAS BOND (part of Response to Mot/Dismiss) |
| 17 | | 02/16/2000 | |
ACTION BY SUPREME COURT (Mot/Dismiss). Denied |
| 18 | | 02/16/2000 | |
ACTION BY SUPREME COURT (Mot/Vacate Order Requiring Supersedeas Bond). Granted |
| 19 | | 02/18/2000 | |
Order Mailed to Parties |
| 20 | | 02/25/2000 | |
SITTING WITH THE COURT: Hilden, Ronald L. |
| 21 | | 02/25/2000 | |
APPELLEE BRIEF |
| 22 | | 02/25/2000 | |
DISK - AEB |
| 23 | | 03/10/2000 | |
REPLY BRIEF |
| 24 | | 03/14/2000 | |
DISK - RYB |
| 25 | | 03/27/2000 | |
APPEARANCES: Jonathan T. Garaas; Sidney J. Spaeth |
| 26 | | 03/27/2000 | |
ARGUED: Garaas; Spaeth (Vol. X; page 8) |
| 27 | | 04/27/2000 | |
DISPOSITION: AFFIRMED |
| 28 | | 04/27/2000 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 29 | | 04/27/2000 | |
Costs on appeal taxed in favor of appellee |
| 30 | | 04/27/2000 | |
Judgment Mailed to Parties |
| 31 | | 05/05/2000 | |
MOTION FOR COPY OF TAPE OF ORAL ARGUMETN UNDER OPEN RECORDS LAW & BRIEF IN SUPPORT |
| 32 | | 05/05/2000 | |
DISK - (above MOT) |
| 33 | | 05/10/2000 | |
ACTION BY SUPREME COURT. Denied |
| 34 | | 05/10/2000 | |
PETITION FOR REHEARING |
| 35 | | 05/12/2000 | |
DISK - PER |
| 36 | | 05/30/2000 | |
ACTION BY SUPREME COURT (PER). Denied |
| 37 | | 06/07/2000 | |
MANDATE |
| 38 | | 06/13/2000 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 39 | | 03/05/2007 | |
EXPUNGED - Nonpermanent record items destroyed |