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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.


Briefs

Filing Date Description
03/19/2010 APPELLANT BRIEF & Addendum(e-filed) View
04/19/2010 APPELLEE BRIEF (Wiest) (e-filed) View
04/19/2010 APPELLEE BRIEF (Palmer) (e-filed) View
05/03/2010 REPLY BRIEF of Appellant (e-filed) View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE David J Hogue - 04486
APPELLANT PRIVATE PRACTICE Wanda L. Fischer - 05128
APPELLANT PRIVATE PRACTICE Richard P. Olson - 03183
APPELLEE PRIVATE PRACTICE Joseph A Turman - 03128
APPELLEE PRIVATE PRACTICE Katrina Annette Turman Lang - 06119

(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