|Filed Oct. 26, 1993|
Keith Wolf, Plaintiff and Appellee
Russel Logan, Defendant and Appellant
Civil No. 920297
Appeal from the District Court for Stark County, Southwest Judicial District, the Honorable Donald L. Jorgensen, Judge.
AFFIRMED AND MODIFIED.
Opinion of the Court by Meschke, Justice.
Smith, Horner & Bakke, City Center Plaza, 418 E. Broadway, Suite 240, Bismarck, ND 58501, for plaintiff and appellee; argued by Sheldon A. Smith.
Murtha & Murtha, 208 First Avenue East, P.O. Box 1111, Dickinson, ND 58602-1111, for defendant and appellant; argued by Thomas F. Murtha.
Wolf v. Logan
Russell Logan appeals from a judgment ordering him to pay damages to Keith Wolf for breach of contract. We affirm, but direct entry of a corrected judgment for Wolf in the amount of $7,549.82.
Under a 1988 crop share lease, Logan (landlord) received half of the proceeds and paid Wolf (tenant) for some expenses. After the lease expired, Wolf sued Logan for unpaid expenses and other losses. Logan counterclaimed for lost proceeds and the value of a tractor used by Wolf. The trial court granted some of Wolf's claims, denied Logan's counterclaims, and reduced Wolf's damages by the amount he received for renting Logan's tractor to another.
We view conflicting evidence in the light most favorable to the findings, and affirm the findings of fact unless they are clearly erroneous. NDRCivP 52(a). Logan disputes the quality and detail of the evidence on Wolf's claims, but his arguments go to the weight of the evidence and to Wolf's credibility. We affirm under NDRCivP 52(a) and NDRAppP 35.1(a)(2).
Logan also appealed the amount of the judgment. At oral argument, Wolf conceded the figure that Logan argued was supported by the trial court's detailed findings. Therefore, we modify and direct entry of a corrected judgment on remand to award Wolf $7,549.82.
Herbert L. Meschke
Beryl J. Levine
William A. Neumann
Dale V. Sandstrom
Gerald W. VandeWalle, C.J.