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Motschman v. Bridgepoint et al.

Docket No. 20100158
Oral Argument: Thursday, October 21, 2010 2:45pm

Docket Info

Title
Fred A. Motschman, Jr., Plaintiff and Appellant
v.
Bridgepoint Mineral Acquisition Fund, LLC, Defendant and Appellee
Case Type
CIVIL APPEAL : CONTRACTS
Appeal From
Case No. 09-C-27
Southwest Judicial District, Dunn County
Zane Anderson
2011 ND 46795 N.W.2d 327
Oral Argument 10/21/2010

Highlight

The statute of frauds must be specifically pleaded, and a party who fails to plead it will be deemed to have waived his right to rely upon it.
The district court may decline to consider an issue or argument raised for the first time on a motion for reconsideration if it could have been raised in earlier proceedings.
Consideration does not fail or become void merely because a party refuses to cash a check tendered as payment in performance of the contract.


Briefs

Filing Date Description
07/16/2010 APPELLANT BRIEF (PDF) (E-filed) View
08/12/2010 APPELLEE BRIEF (e-filed) (PDF) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Vance Gillette - 03476
APPELLEE PRIVATE PRACTICE Nathan Morris Bouray - 06311
APPELLEE PRIVATE PRACTICE Mark Conrad Sherer - 06749

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 06/01/2010 NOTICE OF APPEAL : 05/24/2010
2 06/21/2010 MOT. EXT/TIME APPELLANT BRIEF (E-filed)
3 06/21/2010 E-FILED MOTION (MAT)
4 06/21/2010 ACTION BY CLERK (MAT) - Granted : 07/16/2010
5 07/15/2010 APPELLANT APPENDIX
6 07/16/2010 APPELLANT BRIEF (PDF) (E-filed) View
7 07/16/2010 E-FILED BRIEF (ATB) (PDF)
8 07/16/2010 Received $25 surcharge for ATB (Receipt #19724)
9 07/21/2010 RECORD ON APPEAL (not rec'd no. 4 noted as "deleted" error)
10 07/26/2010 Received 7 copies of ATB from CSD
11 08/12/2010 APPELLEE BRIEF (e-filed) (PDF) View
12 08/12/2010 E-FILED BRIEF (AEB) (PDF)
13 08/12/2010 APPELLEE APPENDIX (e-filed)
14 08/12/2010 E-FILED APPENDIX (AEA)
15 08/18/2010 Received $25 surcharge for AEB (Receipt #19777)
16 08/19/2010 Received 7 copies of AEB from CSD
17 08/19/2010 Received 6 copies of AEA from CSD
18 09/21/2010 NOTICE OF ORAL ARGUMENT SENT
19 09/22/2010 Notice of oral argument rescheduled sent
20 10/21/2010 APPEARANCES: Vance Gillette; Nathan M. Bouray; Mark C. Sherer
21 10/21/2010 ARGUED: Vance Gillette; Mark C. Sherer
22 10/21/2010 ORAL ARGUMENT WEBCAST
23 03/22/2011 DISPOSITION
24 03/22/2011 UNANIMOUS OPINION : Kapsner, Carol Ronning View
25 03/22/2011 Costs on appeal taxed in favor of Appellee.
26 03/23/2011 Judgment Sent to Parties
27 04/15/2011 MANDATE
28 04/19/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE