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McDougall, et al. v. AgCountry Farm Credit Services, PCA, et al.

Docket No. 20190140
Oral Argument: Thursday, October 31, 2019 9:00 AM

Docket Info

Title
Michael McDougall and Bonita McDougall, Plaintiffs and Appellants
v.
AgCountry Farm Credit Services, PCA, Defendant, Third-Party Plaintiff,
and Appellee
and
Any person in possession, and All persons
unknown, claiming any estate or interest in,
or lien or encumbrance upon, the real estate
described in the Third Party Complaint, Third-Party Defendants
Case Type
CIVIL APPEAL : CONTRACTS
Appeal From
Case No. 2018-CV-00045
Northeast Judicial District, Towner County
Donovan John Foughty

Parties' Statement of Issues

  • Appellant

    1. Did the district court err in granting summary judgment in favor of AgCountry on McDougalls’ deceit claims, premised upon the conclusion that the statute of frauds bars deceit claims?
    2. Did the district court err in granting summary judgment in favor of AgCountry on McDougalls’ unjust enrichment claims, concluding that there was an absence of justification and an adequate remedy provided by law?

  • Appellee 1

    I. Whether the District Court correctly determined that the McDougalls’ deceit claims are barred by the statute of frauds.
    II. Whether the District Court correctly dismissed McDougalls’ unjust enrichment claims.
    III. Whether the McDougalls’ deceit claims are barred because they cannot show any direct communications with AgCountry about Kent and Erica McDougalls’ financial condition.
    IV. Whether the McDougalls’ claims are barred by collateral estoppel.
    V. Whether the McDougalls’ failure to appeal the judgment as to AgCountry’s Counterclaims waives their arguments on the issues they have raised on appeal.
    VI. Whether, in the event this court reverses the Judgment, remand is appropriate.


Summary

Michael and Bonita McDougall appeal from a judgment dismissing their claims against AgCountry Farm Credit Services and finding in favor of AgCountry on its claims to enforce assignment of rents and to foreclose a mortgage.

The McDougalls sued AgCountry, requesting the district court declare a mortgage on their property was void. The McDougalls also sought damages on claims of deceit, conversion, estoppel, and unjust enrichment. AgCountry answered and counterclaimed, seeking to enforce an assignment of rents and foreclose the mortgage on the property. Both parties moved for summary judgment. After a hearing, the district court granted summary judgment in favor of AgCountry, dismissing the McDougalls’ claims of conversion, estoppel, unjust enrichment, and deceit. The court also ordered AgCountry’s mortgage was superior and granted foreclose of the mortgage. The court later awarded AgCountry $7,000 for rent. Judgment was entered.

On appeal, the McDougalls argue the district court erred in dismissing their claims of deceit and unjust enrichment.


Briefs

Filing Date Description
06/21/2019 APPELLANT BRIEF View
07/29/2019 APPELLEE BRIEF View
08/19/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE John Daniel Schroeder - 07147
APPELLANT PRIVATE PRACTICE Kip M Kaler - 03757
APPELLANT PRIVATE PRACTICE Patrick John Sinner - 08345

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 05/02/2019 NOTICE OF APPEAL : 05/02/2019
2 05/06/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 05/06/2019 Notice served on Kip M. Kaler and John D. Schroeder
4 05/29/2019 ELEC. RECORD ON APPEAL DATED MAY 28, 2019 (ENTRY NOS. 1-132)
5 06/11/2019 MOT. EXT/TIME APPELLANT BRIEF
6 06/11/2019 ACTION BY CLERK - Granted : 06/21/2019
7 06/20/2019 ELEC. SUPP. RECORD ON APPEAL DATED JUNE 19, 2019 (ENTRY NOS. 134-137 )
8 06/21/2019 APPELLANT BRIEF View
9 06/21/2019 APPELLANT APPENDIX
10 06/24/2019 AMENDED ELEC. SUPP. RECORD ON APPEAL DATED JUNE 24, 2019 (ENTRY NOS.133-138)
11 06/25/2019 Received copies of ATB & ATA from Central Duplicating
12 06/25/2019 Rec'd corrections to Appellant's Brief (oral argument requested)
13 06/25/2019 Oral Argument Request by Appellants
14 07/17/2019 MOT. EXT/TIME APPELLEE BRIEF
15 07/17/2019 ACTION BY CLERK - Granted : 07/29/2019
16 08/01/2019 2ND ELEC. SUPP. RECORD ON APPEAL DATED JULY 31, 2019 (ENTRY NOS. #139 - #144 )
17 07/29/2019 APPELLEE BRIEF View
18 07/29/2019 Oral Argument Request by Appellee
19 07/29/2019 APPELLEE APPENDIX
20 08/05/2019 Rec'd non-substantivce corrections for AEB
21 08/06/2019 3RD ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 5, 2019 (ENTRY NOS. # 145 - # 147)
22 08/06/2019 Rec'd 6 copies of ATB and ATA back from Central Duplicating
23 08/12/2019 MOT. EXT/TIME REPLY BRIEF
24 08/12/2019 ACTION BY CLERK - Granted : 08/19/2019
25 08/15/2019 MOTION to Expand Page Limitation (for reply brief)
26 08/15/2019 ACTION BY CHIEF JUSTICE (total of 15 pages) - Granted
27 08/19/2019 REPLY BRIEF View
28 08/22/2019 Requested non-substantive correction to RYB - Certificate of Compliance
29 08/22/2019 Rec'd Certificate of Compliance with service doc for Reply Brief
30 08/23/2019 Rec'd 6 copies of RYB from Central Duplicating
31 09/13/2019 MOTION TO SUPPLEMENT RECORD - RspDue : 09/27/2019
32 09/25/2019 Response Filed to Motion to Supplement Record
33 10/02/2019 ACTION BY SUPREME COURT - Denied
34 10/31/2019 APPEARANCES: Kip Kaler & Patrick Sinner/John Schroeder & Appellee
35 10/31/2019 ARGUED: Kaler/Schroeder
36 10/31/2019 Case argued at UND School of Law
37 12/06/2019 4TH ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 5, 2019 (ENTRY NOS. 148-151)