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SolarBee, Inc. v. Walker, et al.

Docket No. 20120125
Oral Argument: Thursday, October 4, 2012 9:00am

Docket Info

Title
SolarBee, Inc., Plaintiff and Appellee
v.
Sandra Walker and Joseph Eilers, Defendants and Appellants
Case Type
CIVIL APPEAL : EMPLOYER/EMPLOYEE DISPUTE
Appeal From
Case No. 10-C-00518
Southwest Judicial District, Stark County
Zane Anderson
2013 ND 110833 N.W.2d 422
Oral Argument 10/4/2012

Highlight

Consent to try an unpleaded issue cannot be inferred from the lack of objection to evidence on one pleaded.
Amendment by implication is limited to situations in which the novelty of the issues sought to be raised is reasonably apparent and the intent to try these issues is clearly indicated by failure to object or otherwise.
A breach of contract requires (1) the existence of a contract, (2) a breach of the contract, and (3) damages which flow from the breach.
Evidentiary imprecision regarding the amount of damages does not preclude recovery. The uncertainty which prevents recovery is the uncertainty of the fact of damages, not the uncertainty of the amount.

Briefs

Filing Date Description
07/27/2012 APPELLANT BRIEF View
08/24/2012 APPELLEE BRIEF (pdf) View
09/11/2012 REPLY BRIEF OF Appellants View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Michael J Maus - 03499
APPELLANT PRIVATE PRACTICE Jonathan Paul Sanstead - 05332
APPELLANT PRIVATE PRACTICE Christina Anne Sambor - 06648
APPELLEE PRIVATE PRACTICE Patrick David Hope - 06586

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

Seq. # Filing Date Description Attachment
1 02/24/2012 NOTICE OF APPEAL : 02/22/2012
2 02/24/2012 ORDER FOR TRANSCRIPT : 02/22/2012
3 03/20/2012 ELEC. RECORD ON APPEAL (ENTRY NOS.1-40;42-56;58-121;123-162; 164-175; & 204-205) NOTE:#41, 57, 122,
4 03/20/2012 163 & 176-203 were deleted as they were entered in error)
5 03/29/2012 Amended ELEC. RECORD ON APPEAL (ENTRY NOS.1-40;42-56;58-77; 79-121;123-162; 164-175; & 204-206)
6 03/29/2012 NOTE: #41, 57, 78, 122, 163 & 176-203 were deleted as they were entered in error)
7 04/11/2012 ELEC. SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.207-209 )
8 04/23/2012 ELEC. SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.210-211)
9 04/23/2012 MOT. EXT/TIME TRANSCRIPT
10 04/23/2012 ACTION BY TRIAL COURT - Granted : 05/22/2012
11 05/19/2012 MOT. EXT/TIME TRANSCRIPT
12 05/19/2012 ACTION BY CLERK - Granted : 06/01/2012
13 05/23/2012 ELEC. SUPP. RECORD ON APPEAL DATED 05/22/2012 (ENTRY NOS.212-213)
14 05/29/2012 TRANSCRIPTS DATED 11/1/2012, 11/2/2012, & 11/3/2012 & C.O.S.
15 06/04/2012 DISK-Transcripts dated 11/1/2011, 11/2/2011, & 11/3/2011 (e-mailed)
16 07/02/2012 MOT. EXT/TIME APPELLANT BRIEF
17 07/02/2012 E-FILED MOTION
18 07/02/2012 ACTION BY CHIEF DEPUTY CLERK - Granted : 07/27/2012
19 07/27/2012 APPELLANT BRIEF View
20 07/27/2012 E-FILED BRIEF
21 07/27/2012 APPELLANT APPENDIX
22 07/27/2012 E-FILED APPENDIX
23 07/31/2012 Received $25 surcharge for ATB (Receipt #21279)
24 08/03/2012 Received nonsubstantive corrected electronic appellant's brief and appendix
25 08/06/2012 Received $10 additional surcharge for ATA (Receipt #21290)
26 08/07/2012 Received 7 copies of ATB from CSD
27 08/07/2012 Received 6 copies of ATA from CSD
28 08/24/2012 APPELLEE BRIEF (pdf) View
29 08/24/2012 E-FILED BRIEF
30 08/24/2012 Received $25 surchage for AEB (Receipt #21469)
31 08/30/2012 Received 7 copies of AEB from Central Duplicating
32 09/10/2012 MOT. EXT/TIME REPLY BRIEF
33 09/10/2012 E-FILED MOTION
34 09/11/2012 ACTION BY CLERK w/understanding OA is still in October - Granted : 09/11/2012
35 09/11/2012 REPLY BRIEF OF Appellants View
36 09/11/2012 E-FILED BRIEF
37 09/17/2012 NOTICE OF ORAL ARGUMENT SENT
38 09/17/2012 Rec'd 7 copies of RYB from CSD
39 10/04/2012 APPEARANCES: Jonathan P. Sanstead; Christina A. Sambor; Michael J. Maus; Patrick D. Hope
40 10/04/2012 ARGUED: Christina A. Sambor; Michael J. Maus
41 10/04/2012 ORAL ARGUMENT WEBCAST
42 06/24/2013 DISPOSITION
43 06/24/2013 UNANIMOUS OPINION : Sandstrom, Dale V. View
44 06/24/2013 Costs on appeal taxed in favor of appellee.
45 06/25/2013 Judgment E-Mailed to Parties
46 07/10/2013 4th ELEC. SUPP. RECORD ON APPEAL DATED July 10, 2013 (ENTRY NOS. 214-221)
47 07/25/2013 MANDATE
48 07/30/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE