Bakke v. Magi-Touch Carpet One Floor & Home, Inc., et al.
- Shannon Bakke, Plaintiff and Appellant
Magi-Touch Carpet One Floor & Home, Inc., Defendant and Appellee
SPS Companies, Inc., Defendant
- Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
Case No. 2017-CV-02258
South Central Judicial District, Burleigh County
David E. Reich
An employer of an independent contractor generally is not liable for the negligence of the independent contractor.
North Dakota law recognizes an implied warranty of fitness for a particular purpose in construction contracts.
A contracting party cannot escape its liability on the contract by merely assigning its duties and rights under the contract to a third party.
The remedy for fraud is rescission of the contract and requires returning the parties back to their original positions.
Deceit is not an action dependent on a contract; it is a tort cause of action, and allows recovery of damages upon proof of an affirmative misrepresentation or suppression of material facts.
When a party requests leave to amend without requesting additional discovery and a summary judgment motion has been docketed, the proposed amendment must be both theoretically viable and solidly grounded in the record.
The measure of damages for breach of contract is the amount which will compensate the injured person for the loss which fulfillment of the contract would have prevented or the breach of the contract now requires.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||03/22/2018||NOTICE OF APPEAL : 03/22/2018|
|2||03/27/2018||Received $125 filing fee|
|3||03/29/2018||ORDER FOR TRANSCRIPT : 03/29/2018|
|4||03/29/2018||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|5||03/29/2018||Notice served on Wade A. Davison, Shawn A. Grinolds, William P. Harrie, & Tracy Vigness Kolb|
|6||04/24/2018||ELEC. RECORD ON APPEAL DATED APRIL 23, 2018 (ENTRY NOS. 1-74)|
|7||05/23/2018||ELECTRONIC TRANSCRIPT DATED DECEMBER 14, 2017 & C.O.S.|
|9||06/29/2018||E-FILED BRIEF (PDF)|
|12||07/06/2018||RECEIVED NOTICE THAT BRIEF WILL NOT BE FILED ON BEHALF OF SPS COMPANIES, INC.|
|13||07/06/2018||Rec'd $25 e-filing surcharge for ATB (receipt #26289)|
|14||07/09/2018||Rec'd 6 copies of ATB & ATA from CSD|
|17||07/30/2018||Rec'd $25 e-filing surcharge for AEB (receipt #26330)|
|18||08/01/2018||Rec'd 6 copies of AEB from CSD|
|20||08/06/2018||E-FILED BRIEF (PDF)|
|21||08/10/2018||Rec'd 6 copies of RYB from Central Duplicating|
|22||09/19/2018||NOTICE OF ORAL ARGUMENT SENT|
|23||10/31/2018||APPEARANCES: Shawn A. Grinolds; Cloe A. Kilwein|
|24||10/31/2018||ARGUED: Shawn A. Grinolds; Cloe A. Kilwein|
|25||10/31/2018||ORAL ARGUMENT WEBCAST|
|27||12/06/2018||UNANIMOUS OPINION : Jensen, Jon J.||View|
|28||12/06/2018||Neither party have and recover costs and disbursements|
|29||12/07/2018||Judgment Sent to Parties|