Swenson, et al. v. Mahlum, et al.
Docket Info
- Title
- Willis G. Swenson, and Dayna L. Johnson, Plaintiffs, Appellants,
and Cross-Appellees
v.
Kyle Mahlum, Defendant, Third-Party Plaintiff,
Appellee, and Cross-Appellant
v.
Carol Hodgerson, Gerard Swenson, Lee Alan
Swenson, and Mary Ann Vig, in their individual
capacities and as heirs to the estate of
Junietta Swenson, Third-Party Defendants and Appellees - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 2017-CV-00003
North Central Judicial District, Burke County
Gary H. Lee
Highlight
Order and judgment dismissing plaintiff’s claims with prejudice and defendant’s third-party claims without prejudice was appealable because plaintiff’s claims were adjudicated and third-party claims were dependent on plaintiff’s claims.
The elements for a prima facie case for breach of contract are: (1) the existence of a contract; (2) breach of the contract; and (3) damages which flow from the breach.
Statutory protections for people assisting or dealing with a conservator for value in a transaction do not apply to transactions between two third-parties.
The general rule in the case of a breach of contract is that the measure of damages is the amount which will compensate the injured person for the loss which a 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 | 08/28/2018 | NOTICE OF APPEAL : 08/28/2018 | |
| 2 | 09/11/2018 | NOTICE OF CROSS APPEAL | |
| 3 | 09/13/2018 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 09/13/2018 | Notice served on Peter H. Furuseth, Taylor D. Olson, Ryan G. Quarne, Elizabeth L. Pendlay | |
| 5 | 09/28/2018 | ELEC. RECORD ON APPEAL DATED (ENTRY NOS. 1-94) | |
| 6 | 10/01/2018 | MOTION TO FILE TRANSCRIPT ORDERED UNTIMELY W/SUPPORTING BRIEF | |
| 7 | 10/01/2018 | E-FILED MOTION | |
| 8 | 10/01/2018 | ORDER FOR TRANSCRIPT | |
| 9 | 10/02/2018 | ACTION BY CLERK - Granted | |
| 10 | 10/02/2018 | MOT. EXT/TIME TRANSCRIPT | |
| 11 | 10/02/2018 | ACTION BY CLERK - Granted : 10/26/2018 | |
| 12 | 10/02/2018 | MOT. EXT/TIME APPELLANT BRIEF | |
| 13 | 10/02/2018 | ACTION BY CLERK (30 DAYS AFTER TRA FILED) - Granted | |
| 14 | 10/02/2018 | Rec'd Affidavit of Service for Motion, OTR on E. Pendlay from Appellant's counsel | |
| 15 | 10/10/2018 | ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W. | |
| 16 | 10/15/2018 | ELECTRONIC TRANSCRIPT DATED MAY 21, 2018 & C.O.S. | |
| 17 | 10/16/2018 | Received $125 filing fee (Rec. # 26662) | |
| 18 | 11/14/2018 | APPELLANT BRIEF | View |
| 19 | 11/14/2018 | E-FILED BRIEF (PDF) | |
| 20 | 11/14/2018 | APPELLANT APPENDIX | |
| 21 | 11/14/2018 | E-FILED APPENDIX (PDF) | |
| 22 | 11/19/2018 | Rec'd non-substansice correction for ATB and ATA | |
| 23 | 11/19/2018 | Rec'd $25 e-filing surcharge for ATB and ATA ( Receipt # 26735) | |
| 24 | 11/20/2018 | Rec'd 6 copies of ATB back from Central Duplicating | |
| 25 | 11/20/2018 | Rec'd 6 coppies of ATA back from Central Duplicating | |
| 26 | 12/14/2018 | APPELLEE BRIEF WITH ADDENDUM (Kyle Mahlum) | View |
| 27 | 12/14/2018 | E-FILED BRIEF (PDF) | |
| 28 | 12/14/2018 | APPELLEE APPENDIX | |
| 29 | 12/14/2018 | E-FILED APPENDIX | |
| 30 | 12/14/2018 | APPELLEE BRIEF (Carol Hodgerson, Gerard Swenson, Lee Swenson and Mary Vig) | View |
| 31 | 12/14/2018 | APPELLEE APPENDIX | |
| 32 | 12/14/2018 | DISK(/AEB) (U.S.Mail) | |
| 33 | 12/17/2018 | Rec'd $25 surcharge for AE1 & AX1 (receipt 26796) (Kyle Mahlum) | |
| 34 | 12/19/2018 | Rec'd 6 copies of AE1and 6 copies of AX2 from Central Duplicating | |
| 35 | 01/21/2019 | NOTICE OF ORAL ARGUMENT SENT | |
| 36 | 01/24/2019 | SITTING WITH THE COURT : Graff, Benny A. | |
| 37 | 02/18/2019 | Affidavit regarding costs and attorneys fees by Kyle Mahlum | |
| 38 | 02/19/2019 | APPEARANCES: Taylor D. Olson; Ryan G. Quarne; Elizabeth L. Pendlay | |
| 39 | 02/19/2019 | ARGUED: Taylor D. Olson; Ryan G. Quarne; Elizabeth L. Pendlay | |
| 40 | 02/19/2019 | ORAL ARGUMENT WEBCAST | |
| 41 | 05/16/2019 | DISPOSITION | |
| 42 | 05/16/2019 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 43 | 05/16/2019 | By order of the Court, neither party have and recover costs and disbursements | |
| 44 | 05/17/2019 | Judgment Sent to Parties | |
| 45 | 05/30/2019 | Mot. Ext/Time Petition for Rehearing | |
| 46 | 05/30/2019 | ACTION BY CLERK - Granted : 06/07/2019 | |
| 47 | 06/07/2019 | PETITION FOR REHEARING | View |
| 48 | 06/10/2019 | Rec'd 6 copies of PER back from CD | |
| 49 | 06/27/2019 | ACTION BY SUPREME COURT - Denied | |
| 50 | 07/17/2019 | MANDATE |