Erickson, et al. v. Brown, et al.
Docket Info
- Title
- John D. Erickson,
Richard B. Dregseth,
Jon A. Ramsey, Plaintiffs and Appellants
v.
Randy Brown and
Capital Harvest, Inc., Defendants and Appellees - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 05-C-00812
Northeast Central Judicial District, Grand Forks County
Karen Kosanda Braaten
Highlight
A complaint is construed in the light most favorable to the plaintiff and may not be dismissed for failure to state a claim unless it discloses with certainty the impossibility of proving a claim upon which relief can be granted.
A claim for fraud applies to parties to a contract while a claim for deceit applies where there is no contract between the parties.
A promise made without any intention of performing may be deceit.
Legal issues entitling a party to a jury trial are tried to a jury before disposition of equitable issues triable to the court, and whenever the issues are so interrelated that a decision in the nonjury portion might affect the decision of the jury portion, the jury portion must be tried first.
There is no implied covenant of good faith and fair dealing in the employment context.
Nonprejudicial errors constitute harmless error and are not grounds for reversal.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | PRIVATE PRACTICE | David James Eilertson - 05587 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 02/08/2007 | NOTICE OF APPEAL : 02/07/2007 | |
| 2 | 02/08/2007 | ORDER FOR TRANSCRIPT : 02/07/2007 | |
| 3 | 02/14/2007 | RETENTION OF RECORD ON APPEAL : 03/29/2007 | |
| 4 | 03/29/2007 | TRANSCRIPTS (9) DATED 8/29/05, 11/13/06, 11/28/06, 11/29/06, 11/30/06, | |
| 5 | 03/29/2007 | 12/01/06, 12/04/06, 12/05/06, & 12/06/06 | |
| 6 | 03/29/2007 | Clerk's Certificate of Service of Copies of the Transcripts | |
| 7 | 04/02/2007 | DISK-tra(8/29/05, 11/13/06, 11/28/06, 11/29/06, 11/30/06, 12/01/06, 12/04/06, 12/05/06, & 12/06/06 | |
| 8 | 03/30/2007 | RECORD ON APPEAL (5 Volumes) w/Separates (Entry Nos. 44, 110-116, 119, 140, 197-199). | |
| 9 | 03/30/2007 | Not rec'd w/ROA were Entry Nos. 43, 76, 98, 99, 122, 203, 204, & 217. | |
| 10 | 05/08/2007 | APPELLANT BRIEF (e-filed) (PDF) | View |
| 11 | 05/08/2007 | E-FILED BRIEF (ATB) (PDF) | |
| 12 | 05/08/2007 | APPELLANT APPENDIX (e-filed) | |
| 13 | 05/08/2007 | E-FILED APPENDIX (ATA) | |
| 14 | 05/09/2007 | Received $26 surcharge for ATB & ATA (Receipt #17378) | |
| 15 | 05/17/2007 | Received 7 copies of ATB from CSD | |
| 16 | 05/17/2007 | Received 6 copies of ATA from CSD | |
| 17 | 06/07/2007 | APPELLEE BRIEF (e-filed) | View |
| 18 | 06/07/2007 | E-FILED BRIEF (AEB) | |
| 19 | 06/07/2007 | APPELLEE APPENDIX (e-filed) | |
| 20 | 06/07/2007 | E-FILED APPENDIX (AEB) | |
| 21 | 06/07/2007 | Affidavit of Service by e-mail dated 6-7-07 of AEB & AEA | |
| 22 | 06/12/2007 | Affidavit of Service by e-mail dated 6-12-07 of the corrected AEB | |
| 23 | 06/12/2007 | Received $25 surcharge for AEB (Receipt #17576) | |
| 24 | 06/18/2007 | Received 7 copies of AEB from Central Duplicating. | |
| 25 | 06/15/2007 | Received 6 copies of AEA from Central Duplicating. | |
| 26 | 06/25/2007 | REPLY BRIEF (e-filed) | View |
| 27 | 06/25/2007 | E-FILED BRIEF (RYB) e-filed | |
| 28 | 06/28/2007 | Received 7 copies of RYB from Central Duplicating. | |
| 29 | 09/07/2007 | ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning | |
| 30 | 09/07/2007 | SITTING WITH THE COURT : Olson, Everett Nels | |
| 31 | 09/17/2007 | APPEARANCES: Ronald H. McLean; David J. Eilertson, Randy Brown | |
| 32 | 09/17/2007 | ARGUED: McLean; Eilertson | |
| 33 | 09/17/2007 | ORAL ARGUMENT WEBCAST | |
| 34 | 03/24/2008 | DISPOSITION (remanded) | |
| 35 | 03/24/2008 | SPLIT OPINION : Crothers, Daniel John | View |
| 36 | 03/24/2008 | (CONCUR in part and DISSENT in part) : Crothers, Daniel John | |
| 37 | 03/24/2008 | At court's direction, no costs will be taxed in this appeal | |
| 38 | 03/24/2008 | Judgment E-Mailed to Parties | |
| 39 | 04/15/2008 | MANDATE | |
| 40 | 04/23/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 41 | 10/25/2017 | EXPUNGED - Nonpermanent record items destroyed |