Spitzer v. Bartelson
Docket No. 20090124
Oral Argument:
Tuesday, September 8, 2009 2:45pm
Docket Info
- Title
- Harold Spitzer, Plaintiff and Appellant
v.
Neil R. Bartelson and
Delila Bartelson, Defendants and Appellees - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 07-C-0085
North Central Judicial District, Mountrail County
William W. McLees
2009 ND 179773 N.W.2d 798
Oral Argument
9/8/2009
Highlight
In a claim for reformation of a written contract, courts may admit parol evidence to determine whether a mutual mistake exists sufficient to support reformation.
A district court's finding that a plaintiff failed to prove a mutual mistake by clear and convincing evidence will not be overturned unless clearly erroneous.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 04/15/2009 | NOTICE OF APPEAL : 04/08/2009 | |
2 | 04/15/2009 | ORDER FOR TRANSCRIPT : 04/08/2009 | |
3 | 04/16/2009 | RETENTION OF RECORD ON APPEAL : 05/28/2009 | |
4 | 05/07/2009 | TRANSCRIPT DATED December 9, 2008 | |
5 | 05/07/2009 | DISK - TRA of 12-09-08 | |
6 | 05/19/2009 | RECORD ON APPEAL (not rec'd entry no. 44) | |
7 | 06/16/2009 | APPELLANT BRIEF (e-filed) PDF | View |
8 | 06/16/2009 | E-FILED BRIEF (ATB) PDF | |
9 | 06/16/2009 | APPELLANT APPENDIX (e-filed) PDF | |
10 | 06/16/2009 | E-FILED APPENDIX (ATA) PDF | |
11 | 06/19/2009 | Received $25 e-filing surcharge for ATB & ATA (Receipt #18891). | |
12 | 06/29/2009 | Received 7 copies of ATB from Central Duplicating. | |
13 | 06/29/2009 | Received 6 copies of ATA from Central Duplicating. | |
14 | 07/09/2009 | APPELLEE BRIEF (e-filed) PDF | View |
15 | 07/09/2009 | E-FILED BRIEF (AEB) PDF | |
16 | 07/10/2009 | Received $25 e-filing surcharge for AEB (Receipt #18918). | |
17 | 07/16/2009 | Received 7 copies of AEB from Central Duplicating | |
18 | 07/17/2009 | REPLY BRIEF | View |
19 | 07/17/2009 | E-FILED BRIEF | |
20 | 07/23/2009 | Received 7 copies of RYB from CSD | |
21 | 07/23/2009 | NOTICE OF ORAL ARGUMENT MAILED | |
22 | 09/08/2009 | APPEARANCES: Kent Reierson/Bruce Selinger | |
23 | 09/08/2009 | ARGUED: Reierson/Selinger | |
24 | 09/08/2009 | ORAL ARGUMENT WEBCAST | |
25 | 10/13/2009 | DISPOSITION | |
26 | 10/13/2009 | UNANIMOUS OPINION : Kapsner, Carol Ronning | View |
27 | 10/13/2009 | Costs on Appeal taxed in favor of Appellees | |
28 | 10/14/2009 | Judgment Sent to Parties | |
29 | 11/05/2009 | MANDATE | |
30 | 11/09/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
31 | 12/16/2020 | EXPUNGED - Nonpermanent record items destroyed |