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Lund v. Swanson, et al.

Docket No. 20200147
Oral Argument: Monday, November 30, 2020 1:30 PM

Docket Info

Title
James B. Lund, Plaintiff and Appellant
v.
Leland A. Swanson and Open Road Trucking, LLC, Defendants and Appellees
Case Type
CIVIL APPEAL : CONTRACTS
Appeal From
Case No. 2020-CV-00082
East Central Judicial District, Cass County
John Charles Irby
2021 ND 38
Oral Argument 11/30/2020

Highlight

A settlement agreement is a contract between parties, and thus contract law applies.

An agreement to transfer oil interests for valuable consideration is an agreement for the sale of real property, or of an interest therein, under the statute of frauds, N.D.C.C. § 9-06-04(3).

Subsection 9-06-04(3), N.D.C.C., provides that an agreement for the sale of real property, if made by an agent of the party sought to be charged, is invalid unless the authority of the agent is in writing subscribed by the party sought to be charged.

To take a contract out of the statute of frauds, the party seeking to enforce the oral contract must establish part performance that is not only consistent with, but that is consistent only with, the existence of the alleged oral contract.

Cases accepting the doctrine of part performance have recognized three major categories of acts by the purchaser that may make an oral contract enforceable: paying the contract price, taking possession of the property, and making improvements.

A party missing out on the benefit of their contractual bargain does not promote an injustice or perpetrate a fraud as to require an agreement to be removed from the statute of frauds.


Briefs

Filing Date Description
09/08/2020 APPELLANT BRIEF View
10/08/2020 APPELLEE BRIEF View
10/20/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Sarah Aaberg - 08393
APPELLEE PRIVATE PRACTICE Randolph E Stefanson - 02643
APPELLEE PRIVATE PRACTICE Bruce A Schoenwald - 03900
APPELLANT PRIVATE PRACTICE Sean Thomas Foss - 06422

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

Seq. # Filing Date Description Attachment
1 05/15/2020 NOTICE OF APPEAL
2 05/15/2020 ORDER FOR TRANSCRIPT : 06/01/2020
3 05/29/2020 Rec'd $125 filing fee
4 06/01/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 06/01/2020 Notice Served on Sean T. Foss, Randolph E. Stefanson & Bruce A. Schoenwald
6 06/29/2020 ELEC. RECORD ON APPEAL DATED JUNE 26, 2020 (ENTRY NOS. 1-50)
7 07/27/2020 ELECTRONIC TRANSCRIPT DATED APRIL 27, 2020
8 07/27/2020 TRANSCRIPT C.O.S.
9 09/08/2020 APPELLANT BRIEF View
10 09/08/2020 Oral Argument Request by Appellant
11 09/08/2020 APPELLANT APPENDIX
12 09/10/2020 Rec'd 5 copies to ATB and 4 copies of ATA back from CD
13 10/08/2020 APPELLEE BRIEF View
14 10/12/2020 Rec'd 5 copies of AEB from CSD
15 10/20/2020 REPLY BRIEF View
16 10/21/2020 Rec'd 5 copies of RYB from CSD
17 10/22/2020 NOTICE OF ORAL ARGUMENT SENT
18 11/30/2020 APPEARANCES: Sean T. Foss; Bruce A. Schoenwald
19 12/01/2020 ARGUED: Sean T. Foss; Bruce A. Schoenwald
20 03/03/2021 DISPOSITION
21 03/03/2021 UNANIMOUS OPINION : VandeWalle, Gerald W. View
22 03/03/2021 Costs taxed in favor of Appellees
23 03/03/2021 Judgment
24 03/25/2021 MANDATE