Kost v. Kraft
Docket No. 20100159
Oral Argument:
Tuesday, January 4, 2011 10:00am
Docket Info
- Title
- Jim Kost, Plaintiff and Appellee
v.
Allen M. Kraft, Defendant and Appellant - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 08-C-2172
South Central Judicial District, Burleigh County
Gail Hagerty
2011 ND 69795 N.W.2d 712
Oral Argument
1/4/2011
Highlight
The receipt and acceptance of leased goods need not be exclusively referable to an alleged oral lease agreement, and conduct consistent with an oral agreement is sufficient to take a claimed oral lease agreement out of the statute of frauds even though the conduct is not inconsistent with some other plausible arrangement between the parties.
A party moving for summary judgment must show there are no genuine issues of material fact and the case is appropriate for judgment as a matter of law.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 06/02/2010 | NOTICE OF APPEAL : 05/28/2010 | |
2 | 06/02/2010 | ORDER FOR TRANSCRIPT : 05/28/2010 | |
3 | 06/04/2010 | Acknowledgment of OTR and request for Retention of Record : 07/17/2010 | |
4 | 07/13/2010 | TRANSCRIPTS DATED 9-8-09, 12-14-09, 02-05-10, 02-18-10 & C.O.S. | |
5 | 07/13/2010 | DISK (TRA's) e-mailed | |
6 | 07/16/2010 | RECORD ON APPEAL and Separates nos. 85,86,87,&90 | |
7 | 08/19/2010 | MOT. EXT/TIME APPELLANT BRIEF | |
8 | 08/19/2010 | ACTION BY CLERK - Granted : 09/21/2010 | |
9 | 09/17/2010 | MOT. EXT/TIME APPELLANT BRIEF | |
10 | 09/17/2010 | E-FILED MOTION | |
11 | 09/17/2010 | Objection to Extension | |
12 | 09/17/2010 | EFILED RESPONSE | |
13 | 09/17/2010 | ACTION BY CHIEF JUSTICE (Maring, Acting Chief) - Granted : 09/27/2010 | |
14 | 09/17/2010 | ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V. | |
15 | 09/27/2010 | APPELLANT BRIEF (e-filed) | View |
16 | 09/27/2010 | E-FILED BRIEF (ATB) | |
17 | 09/27/2010 | APPELLANT APPENDIX (e-filed) | |
18 | 09/27/2010 | E-FILED APPENDIX (ATA) | |
19 | 09/28/2010 | Received $25 surcharge for ATB (Receipt #19984) | |
20 | 09/30/2010 | Received 7 copies of ATB from CSD | |
21 | 09/30/2010 | Received 6 copies of ATA from CSD | |
22 | 10/25/2010 | MOT. EXT/TIME APPELLEE BRIEF | |
23 | 10/25/2010 | ACTION BY CLERK (MAE) - Granted : 11/10/2010 | |
24 | 11/10/2010 | APPELLEE BRIEF (e-filed) | View |
25 | 11/10/2010 | E-FILED BRIEF (AEB) | |
26 | 11/22/2010 | Received $25 surcharge for e-filed AEB (Receipt #20067) | |
27 | 11/23/2010 | Received 7 copies of AEB from CSD | |
28 | 11/24/2010 | REPLY BRIEF (e-filed) PDF | View |
29 | 11/24/2010 | E-FILED BRIEF (RYB) PDF | |
30 | 11/29/2010 | Received 7 copies of RYB from Central Duplicating. | |
31 | 12/13/2010 | NOTICE OF ORAL ARGUMENT SENT | |
32 | 12/20/2010 | SITTING WITH THE COURT : Corwin, Wickham | |
33 | 01/04/2011 | APPEARANCES: Chad R. McCabe; Derrick L. Braaten | |
34 | 01/04/2011 | ARGUED: Chad R. McCabe; Derrick L. Braaten | |
35 | 01/04/2011 | ORAL ARGUMENT WEBCAST | |
36 | 03/25/2011 | DISPOSITION | |
37 | 03/25/2011 | UNANIMOUS OPINION : Maring, Mary Muehlen | View |
38 | 03/25/2011 | Costs on appeal taxed in favor of Appellant. | |
39 | 03/28/2011 | Judgment Sent to Parties | |
40 | 04/18/2011 | MANDATE | |
41 | 04/21/2011 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
42 | 03/11/2021 | EXPUNGED - Nonpermanent record items destroyed |