R & F Financial Services v. North American Building Solutions, et al.
Docket No. 20190287
Oral Argument:
Tuesday, October 27, 2020 1:30 PM
Docket Info
- Title
- R & F Financial Services, LLC, Plaintiff and Appellant
v.
Cudd Pressure Control, Inc., and RPC, Inc., Defendants and Appellees
and
North American Building Solutions, LLC, Defendant - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 2016-CV-01331
Northwest Judicial District, Williams County
Benjamen James Johnson
2021 ND 12953 N.W.2d 665
Oral Argument
10/27/2020
Highlight
All contracts entered into by the parties must be construed together, and only the provisions in the latter contracts which are inconsistent with the prior contracts will supersede.
This Court has recognized the doctrine of frustration of purpose may be used to avoid all or part of a contractual claim. The doctrine of frustration of purpose is applicable when after a contract is made, a party’s principal purpose is substantially frustrated without his fault by the occurrence of an event the non-occurrence of which was a basic assumption on which the contract was made.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 09/18/2019 | NOTICE OF APPEAL : 09/18/2019 | |
| 2 | 09/18/2019 | ORDER FOR TRANSCRIPT : 09/20/2019 | |
| 3 | 09/18/2019 | Notice of Appearance by Rebecca Thiem for Appellant | |
| 4 | 09/20/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 09/20/2019 | Notice served on Joseph A. Turman, Rebecca S. Thiem, Trevor A. Hunter & Kent A. Reierson | |
| 6 | 09/20/2019 | Notice served on North American Building Solutions | |
| 7 | 09/20/2019 | Rec'd $125.00 filing fee (receipt #27372) | |
| 8 | 10/16/2019 | ELEC. RECORD ON APPEAL DATED OCTOBER 15, 2019 (ENTRY NOS. #1 - #331) | |
| 9 | 11/01/2019 | ELECTRONIC TRANSCRIPT DATED MAY 23, 2019 | |
| 10 | 11/01/2019 | C.O.S for Transcript dated 5-23-19 | |
| 11 | 11/05/2019 | Stipulation to Remand | |
| 12 | 11/05/2019 | ACTION BY CHIEF JUSTICE - Granted | |
| 13 | 11/06/2019 | ORDER OF REMAND | |
| 14 | 11/06/2019 | Briefing stayed during remand | |
| 15 | 04/25/2020 | ELEC. RECORD ON APPEAL DATED APRIL 24, 2020 (ENTRY NOS. 1-254, 256-269, 271-378) | |
| 16 | 04/28/2020 | MOT. EXT/TIME APPELLANT BRIEF (sua sponte due to remand) | |
| 17 | 04/28/2020 | ACTION BY CLERK (sua sponte due to remand) - Granted : 05/28/2020 | |
| 18 | 04/30/2020 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED APRIL 29, 2020 (ENTRY NOS. 379-386) | |
| 19 | 05/19/2020 | MOT. EXT/TIME APPELLANT BRIEF | |
| 20 | 05/19/2020 | ACTION BY CLERK - Granted : 06/11/2020 | |
| 21 | 05/19/2020 | AMENDED NOTICE OF APPEAL | |
| 22 | 05/20/2020 | NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERV. | |
| 23 | 05/20/2020 | Notice served on Joseph A. Turman, Rebecca S. Thiem, Trevor A. Hunter, Kent A. Reierson, | |
| 24 | 05/20/2020 | & North American Building Solutions LLC | |
| 25 | 05/22/2020 | Amended MOT. EXT/TIME APPELLANT BRIEF | |
| 26 | 05/26/2020 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED MAY 26, 2020 (ENTRY NOS. 387-390) | |
| 27 | 05/29/2020 | Ext. remains granted | |
| 28 | 06/11/2020 | APPELLANT BRIEF | View |
| 29 | 06/11/2020 | APPELLANT APPENDIX | |
| 30 | 06/11/2020 | Oral Argument Request by Appellant | |
| 31 | 06/15/2020 | Rec'd non-substantive corrections ATB (toc) | |
| 32 | 06/16/2020 | Rec'd $69 for ATA over page limit (receipt #27756) | |
| 33 | 06/17/2020 | Rec'd 5 copies of ATB & 4 copies of ATA from CSD | |
| 34 | 07/02/2020 | MOT. EXT/TIME APPELLEE BRIEF | |
| 35 | 07/02/2020 | ACTION BY CLERK - Granted : 07/27/2020 | |
| 36 | 07/27/2020 | APPELLEE BRIEF | View |
| 37 | 07/27/2020 | Oral Argument Request by Appellee | |
| 38 | 07/27/2020 | APPELLEE APPENDIX | |
| 39 | 07/28/2020 | Rec'd $136.50 for 273 pages over 100 in Appendix (receipt #27794) | |
| 40 | 08/04/2020 | MOT. EXT/TIME REPLY BRIEF | |
| 41 | 08/05/2020 | ACTION BY CLERK - Granted : 08/20/2020 | |
| 42 | 08/06/2020 | Rec'd 5 copies of AEB and 4 copies of AEA back from CSD | |
| 43 | 08/19/2020 | Non-compliant Reply Brief received (over page count) | |
| 44 | 08/21/2020 | MOTION FOR ADDITIONAL PAGES FOR REPLY BRIEF | |
| 45 | 08/21/2020 | ACTION BY CHIEF JUSTICE | |
| 46 | 08/21/2020 | ACTION BY CHIEF JUSTICE (2 additional pages) - Granted | |
| 47 | 08/21/2020 | REPLY BRIEF | View |
| 48 | 08/25/2020 | Rec'd 5 copies of RYB back from CSD | |
| 49 | 09/22/2020 | NOTICE OF ORAL ARGUMENT SENT | |
| 50 | 10/27/2020 | APPEARANCES: Joseph A. Turman; Katrina A. Turman Lang; Rebecca S. Thiem; Trevor A. Hunter | |
| 51 | 10/27/2020 | ARGUED: Joseph A. Turman; Katrina A. Turman Lang; Trevor A. Hunter | |
| 52 | 10/27/2020 | ORAL ARGUMENT WEBCAST | |
| 53 | 11/20/2020 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 19, 2020 (ENTRY NOS. 391-394) | |
| 54 | 11/19/2020 | MOTION TO WITHDRAW BY Rebecca S. Thiem | |
| 55 | 11/27/2020 | ACTION BY CLERK - Granted | |
| 56 | 01/12/2021 | DISPOSITION | |
| 57 | 01/12/2021 | UNANIMOUS OPINION : Tufte, Jerod E. | View |
| 58 | 01/12/2021 | Costs on appeal taxed in favor of Appellee | |
| 59 | 01/14/2021 | Judgment | |
| 60 | 01/28/2021 | 4TH ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 27, 2021 (ENTRY NOS. 395-396) | |
| 61 | 02/09/2021 | MANDATE |