American Bank Center v. Wiest, et al.
Docket No. 20100027
Oral Argument:
Monday, May 17, 2010 10:45am
Docket Info
- Title
- American Bank Center, Plaintiff and Appellant
v.
David L. Wiest, Defendant, Third Party Plaintiff
and Appellee
v.
Howard Palmer, Third Party Defendant and Appellee
and
Louis Burckhardsmeier, Third Party Defendant - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 07-C-01721
East Central Judicial District, Cass County
Frank L. Racek
2010 ND 251793 N.W.2d 172
Oral Argument
5/17/2010
Highlight
Fraud and deceit may be imputed from an agent to the principal.
A principal cannot take the benefit of the transaction conducted by its agent ostensibly on its behalf without assuming full responsibility, not only for his acts, but also for his knowledge.
The adverse interest exception applies only when a third person seeks to enforce some demand against the corporation, but has no application where the corporation seeks to enforce the benefit of a fraud perpetrated by its officer on a third person.
Rescission of a contract is not a matter of absolute right, but instead is committed to the district court's sound discretion.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 01/21/2010 | NOTICE OF APPEAL : 01/19/2010 | |
| 2 | 01/21/2010 | ORDER FOR TRANSCRIPT : 01/19/2010 | |
| 3 | 02/09/2010 | TRANSCRIPTS DATED 7/14/09, 7/15/09, 7/16/09, AND 7/17/09, & C.O.S. | |
| 4 | 02/09/2010 | DISK-TRA (7/14/09, 7/15/09, 7/16/09 AND 7/17/09) e-mailed | |
| 5 | 02/19/2010 | RECORD ON APPEAL (3 vols.) and Separates, including exhibits (Not received: 29, 115, 139, 246, 247, | |
| 6 | 02/19/2010 | 248, & 249 (Court Reporter Notes) | |
| 7 | 03/19/2010 | APPELLANT BRIEF & Addendum(e-filed) | View |
| 8 | 03/19/2010 | E-FILED BRIEF (ATB) | |
| 9 | 03/19/2010 | APPELLANT APPENDIX (e-filed) | |
| 10 | 03/19/2010 | E-FILED APPENDIX (ATA) | |
| 11 | 03/22/2010 | Received $25 surcharge for ATB (Receipt #19410) | |
| 12 | 03/24/2010 | Received 7 copies or ATB from Central Duplicating. | |
| 13 | 03/24/2010 | Received 6 copies of ATA from Central Duplicating. | |
| 14 | 05/20/2010 | NOTICE OF ORAL ARGUMENT SENT | |
| 15 | 04/19/2010 | APPELLEE BRIEF (Wiest) (e-filed) | View |
| 16 | 04/19/2010 | E-FILED BRIEF (Wiest AEB) | |
| 17 | 04/19/2010 | APPELLEE APPENDIX (Wiest) (e-filed) | |
| 18 | 04/19/2010 | E-FILED APPENDIX (Wiest AEA) | |
| 19 | 04/19/2010 | APPELLEE BRIEF (Palmer) (e-filed) | View |
| 20 | 04/19/2010 | E-FILED BRIEF (AEB of Palmer) | |
| 21 | 04/19/2010 | APPELLEE APPENDIX (Palmer) (e-filed) | |
| 22 | 04/20/2010 | Received $101.50 for surcharge of Wiest AEB & AEA (Receipt #19448) | |
| 23 | 04/21/2010 | Received $25 surcharge for Palmer AEB (Receipt #19454) | |
| 24 | 04/22/2010 | Received copies of Wiest AEB from CSD | |
| 25 | 04/22/2010 | Received copies of Wiest AEA from CSD | |
| 26 | 04/22/2010 | Received copies of Palmer AEB from CSD | |
| 27 | 04/22/2010 | Received copies of Palmer AEA from CSD | |
| 28 | 05/03/2010 | REPLY BRIEF of Appellant (e-filed) | View |
| 29 | 05/03/2010 | E-FILED BRIEF (RYB) | |
| 30 | 05/03/2010 | Made 7 copies of RYB | |
| 31 | 05/17/2010 | ANNOUNCED DISQUALIFICATION : Maring, Mary Muehlen | |
| 32 | 05/17/2010 | SITTING WITH THE COURT : Hodny, William F. | |
| 33 | 05/17/2010 | APPEARANCES:Richard P. Olson; Joseph A. Turman; David J. Hogue | |
| 34 | 05/17/2010 | ARGUED: Olson; Turman | |
| 35 | 05/17/2010 | ORAL ARGUMENT WEBCAST | |
| 36 | 12/23/2010 | DISPOSITION | |
| 37 | 12/23/2010 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 38 | 12/23/2010 | Costs on appeal taxed in favor of appellee | |
| 39 | 12/23/2010 | Judgment E-Mailed to Parties | |
| 40 | 01/26/2011 | MANDATE | |
| 41 | 01/27/2011 | Corrected/Substitute Opinion Page for clerical correction of headings | |
| 42 | 02/02/2011 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 43 | 06/15/2021 | EXPUNGED - Nonpermanent record items destroyed |