Benz Farm, LLP v. Cavendish Farms, Inc.
- Benz Farm, LLP, Plaintiff and Appellant
Cavendish Farms, Inc., Defendant and Appellee
- Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
Case No. 09-C-00046
Southeast Judicial District, Stutsman County
Daniel D. Narum
A provision in a written contract for the sale of goods precluding oral modification or rescission of the parties' agreement is valid and enforceable.
The Unlawful Sales or Advertising Practices Act prohibits deceptive and fraudulent conduct by the seller of merchandise; it does not apply to, or create a cause of action against, a purchaser of merchandise.
When leave to amend the complaint is sought after discovery has closed and the opposing party has made a motion for summary judgment, the proposed amendment must be not only theoretically viable but also solidly grounded in the record, and the amendment is classified as futile unless its allegations are supported by substantial evidence.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||01/20/2011||NOTICE OF APPEAL : 01/18/2011|
|4||02/25/2011||RECORD ON APPEAL (entry nos. 1 - 55 hard copies, nos. 56 - 90 electronically filed).|
|5||03/08/2010||ATB corrections not received; distributed to Court in uncorrected condition|
|11||04/12/2011||Addendum to Reply Brief|
|12||04/18/2011||NOTICE OF ORAL ARGUMENT SENT (see folder)|
|13||05/03/2011||1st Supplemental Clerk's Electronic Certificate on Appeal (entry nos. 91 - 97)|
|14||05/05/2011||APPEARANCES: Rudra Tamm; Benjamin J. Hasbrouck|
|15||05/05/2011||ARGUED: Rudra Tamm; Benjamin J. Hasbrouck|
|16||05/05/2011||ORAL ARGUMENT WEBCAST|
|18||09/15/2011||UNANIMOUS OPINION : VandeWalle, Gerald W.||View|
|19||09/15/2011||Costs on appeal taxed in favor of appellee|
|20||09/16/2011||Judgment Sent to Parties|
|21||09/26/2011||PETITION FOR REHEARING||View|
|23||10/18/2011||ACTION BY SUPREME COURT - PER - Denied|
|25||11/04/2011||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|26||06/21/2021||EXPUNGED - Nonpermanent record items destroyed|