Skaw ND Precast, LLC v. Oil Capital Ready Mix, LLC, et al.
Docket Info
- Title
- Skaw ND Precast, LLC, Plaintiff and Appellee
v.
Oil Capital Ready Mix, LLC, Agape
Holdings, LLP, Scott Dyk and Samuel Dyk, Defendants and Appellants - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 2017-CV-01410
Northwest Judicial District, Williams County
Paul W. Jacobson
Highlight
When a lessor sells property that is subject to an unfulfilled lease, the buyer takes the property subject to the terms of the lease.
A lease is an agreement under which the owner gives up possession and use of property for valuable consideration and for a definite term and at the end of the term the owner has the absolute right to retake, control, and use the property.
Conversion is the tortious detention or destruction of personal property, or a wrongful exercise of dominion or control over the property inconsistent with or in defiance of the rights of the owner.
The detriment caused by the wrongful conversion of personal property includes fair compensation for the time and money properly expended in pursuit of the property.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/01/2019 | NOTICE OF APPEAL : 05/01/2019 | |
| 2 | 05/06/2019 | Rec'd $125.00 filing fee (receipt #27040) | |
| 3 | 05/07/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 05/07/2019 | Notice served on Mark A. Schwab and David A. Tschider | |
| 5 | 05/30/2019 | ORDER FOR TRANSCRIPT | |
| 6 | 05/30/2019 | MOT. EXT/TIME APPELLANT BRIEF | |
| 7 | 05/30/2019 | ACTION BY CLERK - Granted : 07/10/2019 | |
| 8 | 06/10/2019 | ELECTRONIC TRANSCRIPT DATED JANUARY 18, 2019 | |
| 9 | 06/10/2019 | C.O.S. for transcript | |
| 10 | 06/11/2019 | ELEC. RECORD ON APPEAL DATED JUNE 10, 2019 (ENTRY NOS. 1-124) | |
| 11 | 07/10/2019 | APPELLANT BRIEF | View |
| 12 | 07/10/2019 | APPELLANT APPENDIX | |
| 13 | 07/22/2019 | Rec'd non-substantive corrections for ATB and ATA | |
| 14 | 07/22/2019 | Oral Argument Request by Appellant | |
| 15 | 07/25/2019 | Pymt of $126.50 rec'd 7/22/19 returned 7/25/19 (replacement check req. in the amount of $101.50) | |
| 16 | 07/25/2019 | Rec'd 6 copies of ATA back from Central Duplicating | |
| 17 | 07/26/2019 | Rec'd 6 copies of ATB back from Central Duplicating | |
| 18 | 07/29/2019 | Rec'd check for $101.50 for ATA (receipt # 27315) | |
| 19 | 08/06/2019 | APPELLEE BRIEF | View |
| 20 | 08/06/2019 | APPELLEE APPENDIX | |
| 21 | 08/06/2019 | Oral Argument Request by Appellee | |
| 22 | 08/09/2019 | Rec'd 6 copies of AEB/AEA from Central Duplicating | |
| 23 | 08/20/2019 | REPLY BRIEF | View |
| 24 | 08/21/2019 | Rec'd 6 copies of RYB from Central Duplicating | |
| 25 | 09/11/2019 | NOTICE OF ORAL ARGUMENT SENT | |
| 26 | 10/14/2019 | APPEARANCES: Mark A. Schwab; David A. Tschider | |
| 27 | 10/14/2019 | ARGUED: Mark A. Schwab; David A. Tschider | |
| 28 | 10/14/2019 | ORAL ARGUMENT WEBCAST | |
| 29 | 12/12/2019 | DISPOSITION | |
| 30 | 12/12/2019 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 31 | 12/12/2019 | Costs on appeal taxed in favor of Appellee | |
| 32 | 12/13/2019 | Judgment Sent to Parties | |
| 33 | 01/14/2020 | Corrected/Substitute Opinion page 3, last line, change to amount $62,295. to $69,295. | |
| 34 | 01/15/2020 | MANDATE |