Huber v. Farmer's Union Service Ass'n, et al.
Docket No. 20090388
Oral Argument:
Thursday, April 22, 2010 10:30am
Docket Info
- Title
- Duane Huber, Plaintiff and Appellee
v.
Farmers Union Service
Association of North Dakota, Defendant and Appellant
and
Farmers Union Standard
Insurance Company, National
Farmers Union Property and
Casualty Company, Farmers
Union Mutual Insurance Company
of North Dakota, Defendants - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 08-C-00443
Southeast Judicial District, Stutsman County
John E. Greenwood
2010 ND 151787 N.W.2d 268
Oral Argument
4/22/2010
Highlight
A provision of a contract must in and of itself be inherently illegal to be unlawful for purposes of N.D.C.C. 9-08-01.
The doctrines of frustration of purpose and impossibility of performance do not apply if either the frustration or the impossibility is caused by a party to the contract.
Prejudgment interest may be awarded where party fails to avail itself of procedures for depositing disputed funds with the court.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 12/21/2009 | NOTICE OF APPEAL : 12/17/2009 | |
2 | 12/21/2009 | ORDER FOR TRANSCRIPT : 12/17/2009 | |
3 | 12/23/2009 | Acknowledgment of OTR. | |
4 | 01/06/2010 | TRANSCRIPT DATED JUNE 16, 2009 & C.O.S. | |
5 | 01/06/2010 | DISK-TRA (6/16/09) E-MAILED | |
6 | 01/15/2010 | RECORD ON APPEAL | |
7 | 02/11/2010 | APPELLANT BRIEF (e-filed) PDF | View |
8 | 02/11/2010 | E-FILED BRIEF (ATB) PDF | |
9 | 02/11/2010 | APPELLANT APPENDIX (E-FILED) PDF | |
10 | 02/11/2010 | E-FILED APPENDIX (ATA) PDF | |
11 | 02/12/2010 | Received surcharge for ATB & ATA (Receipt #20090388). | |
12 | 02/17/2010 | Received copies of ATB from CSD | |
13 | 02/17/2010 | Received copies of ATA from CSD | |
14 | 03/11/2010 | APPELLEE BRIEF | View |
15 | 03/11/2010 | DISK - AEB (E-mailed) | |
16 | 03/11/2010 | APPELLEE APPENDIX | |
17 | 03/23/2010 | NOTICE OF ORAL ARGUMENT SENT | |
18 | 03/25/2010 | REPLY BRIEF (e-filed) PDF | View |
19 | 03/25/2010 | E-FILED BRIEF - RYB (PDF) | |
20 | 03/29/2010 | Received copies of RYB from CSD | |
21 | 04/22/2010 | APPEARANCES: Steven A. Storslee; Irvin B. Nodland | |
22 | 04/22/2010 | ARGUED: Storslee; Nodland | |
23 | 04/22/2010 | ORAL ARGUMENT WEBCAST | |
24 | 08/17/2010 | DISPOSITION | |
25 | 08/17/2010 | UNANIMOUS OPINION : Maring, Mary Muehlen | View |
26 | 08/17/2010 | Costs on appeal taxed in favor of Appellee | |
27 | 08/19/2010 | Judgment Sent to Parties | |
28 | 09/20/2010 | MANDATE | |
29 | 09/23/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
30 | 02/12/2021 | EXPUNGED - Nonpermanent record items destroyed |