State ex rel. Bd. of University and School Lands v. Alexander
, 2006 ND 144,
718 N.W.2d 2
The parties to a prior foreclosure action and their assigns are bound by a judgment in the prior action under principles of res judicata.
The Pembina Nation Little Shell Band of North America is not a federally recognized Indian tribe.
VND, LLC v. Leevers
, 2003 ND 198,
672 N.W.2d 445
The right to the possession of real estate is the only fact that can be litigated in a summary eviction action unless damages or rent is claimed.
When the right to possession depends on whether or not rent was paid or whether there are material breaches, evidence can be presented to determine those issues.
Charges classified as additional rents and defined as such under a lease are considered rents for the purpose of summary eviction.
Failure to pay rent when a credit is due cannot justify summary eviction.
When a lessee is required to purchase insurance of an "all risk" form under a lease to "protect against any loss, damage and/or destruction to the building or any other insurable portion of the demised premises," the language does not also obligate
the lessee to provide for liability insurance.
Custom and usage need not be considered when the language of the lease is not ambiguous.
Laches and waiver do not apply when a party is not trying to assert a right or bring a claim.
T.F. James Co. v. Vakoch
, 2001 ND 112,
628 N.W.2d 298
In a commercial lease, a provision providing for payment of attorney fees in the event of breach is enforceable and does not violate public policy.
Assignment of a different judge on remand requires balancing numerous competing interests. Reassignment is unnecessary if the integrity of the district court is preserved, litigants are protected from bias, and allegations of bias do not affect fair
administration of the law.
T.F. James Co. v. Vakoch
, 2000 ND 9,
604 N.W.2d 459
Interest allowed after maturity is considered compensation for damages for the wrongful detention of money, and charging more than allowed by law is not "usury."
Paxton v. Wiebe
, 1998 ND 169,
584 N.W.2d 72
Where retroactive application of amendments to the North Dakota
Rules of Civil Procedure requiring post-judgment motions to be
"served and filed" to be timely would be unfair and work an
injustice, the supreme court will apply the pre-amendment rule
requiring only "service" for the post-judgment motion to be
timely.
A trial court's determination about whether a conversion has been
committed is not clearly erroneous where the landlord made
numerous attempts to return the unlawfully evicted tenant's
personal property and in no way exercised dominion over the
personal property in derogation of the tenant's rights.
Felco, Inc. v. Doug's North Hill Bottle Shop
, 1998 ND 111,
579 N.W.2d 576
The interpretation of a lease is a question of law.
Part performance must be consistent only with existence of
alleged oral agreement to take alleged oral agreement out of the
statute of frauds.
If a written agreement is not completely integrated, the parol
evidence rule does not bar evidence of a separate oral agreement
which is not inconsistent with the written agreement.
A written agreement may be altered by an executed oral agreement.
Interest in a contract action is a question of law.
Ehrman v. Feist v. Ehrman
, 1997 ND 178,
568 N.W.2d 747
A lease will ordinarily be construed most strongly against the
lessor.
When parties to a land sale agreement have agreed to agree on a
price, a court can fix a reasonable price.
If a party takes possession of real property pursuant to an oral
sale contract and makes substantial permanent improvements to the
property in reliance upon that oral contract, NDCC 47-10-01 does
not bar specific performances of the contract.
Part performance consistent only with the existence of an oral
contract removes the contract from the statute of frauds.
Provisions for the renewal of a lease at a rental to be fixed by
subsequent agreement of the parties may be enforced by allowing
the courts to determine a reasonable rental amount, pursuant to
NDCC 9-05-07.
Absent a countervailing statutory authorization, the "American
Rule" generally assumes that each party to a lawsuit bears its
own attorney fees.
A finding of oppression, fraud, or malice is a prerequisite to an
award of punitive damages.
Community Homes of Bismarck v. Quast
,
510 N.W.2d 648 (N.D. 1994)
Community Homes of Bismarck v. Clooten
,
508 N.W.2d 364 (N.D. 1993)
McMurl v. Minch
,
506 N.W.2d 413 (N.D. 1993)
Wood v. Krenz
,
392 N.W.2d 395 (N.D. 1986)
R & D Amusement Corporation v. Christianson
,
392 N.W.2d 385 (N.D. 1986)
Hutton v. Janz
,
387 N.W.2d 494 (N.D. 1986)
Graber v. Engstrom
,
384 N.W.2d 307 (N.D. 1986)
Russell Land Co. v. Mandan Chrysler-Plymouth, Inc.
,
377 N.W.2d 549 (N.D. 1985)
Victory Park Apartments, Inc. v. Axelson
,
367 N.W.2d 155 (N.D. 1985)
Hartlieb v. Sawyer Township Board
,
366 N.W.2d 486 (N.D. 1985)
Snortland v. Larson
,
364 N.W.2d 67 (N.D. 1985)
Mitchell v. Preusse
,
358 N.W.2d 511 (N.D. 1984)
Union State Bank v. Miller
,
358 N.W.2d 222 (N.D. 1984)
Housing & Redevelopment Authority of Fargo v. Graff
,
351 N.W.2d 724 (N.D. 1984)
Goodman Investment, Inc. v. Swanston Equipment Co.
,
299 N.W.2d 786 (N.D. 1980)
Park View Manor, Inc. v. Housing Authority of the County of Stutsman
,
300 N.W.2d 218 (N.D. 1980)
Anderson v. Kroh
,
301 N.W.2d 359 (N.D. 1980)
Spilovoy v. Gliege
,
298 N.W.2d 377 (N.D. 1980)
Medical Arts Bulding Limited v. Eralp
,
290 N.W.2d 241 (N.D. 1980)
Hamilton v. Winter
,
281 N.W.2d 54 (N.D. 1979)
Stevick v. Northwest G.F. Mutual Insurance Co.
,
281 N.W.2d 60 (N.D. 1979)
MAR-SON, Inc. v. Terwaho Enterprises, Inc.
,
259 N.W.2d 289 (N.D. 1977)
Peterson v. McCarney
,
254 N.W.2d 438 (N.D. 1977)
Drees Farming Ass'n v. Thompson
,
246 N.W.2d 883 (N.D. 1976)
Brunsdale v. Bagge
,
224 N.W.2d 384 (N.D. 1974)
Herrmann v. Ramaden
,
191 N.W.2d 798 (N.D. 1971)
Perdue v. Knudson
,
179 N.W.2d 416 (N.D. 1970)
Pocta v. Kleppe
,
154 N.W.2d 177 (N.D. 1967)
501 DeMers, Inc. v. Fink
,
148 N.W.2d 820 (N.D. 1967)