Justia North Dakota Supreme Court Opinion Summaries
Articles Posted in Commercial Law
Ward Farms v. Enerbase Cooperative Resource
This case stemmed from Ward Farms' purchase of Enerbase Cooperative Resource's tractor at a third-party auction sale. Michael Ward, a partner of Ward Farms, attended an auction sale, and bid on the tractor. Shortly after the sale, Ward Farms discovered the tractor required significant repairs. At Ward Farms' request, Enerbase inspected the tractor and estimated the repair costs as ranging from $19,550 to $31,430. Subsequently, Ward Farms sued Enerbase alleging fraud, misrepresentation, deceit, and breach of express and implied warranties. Ward Farms sought alternative remedies of rescission or damages. Ward Farms appealed the district court judgment denying its motion to amend its complaint and granting a summary judgment motion in favor of Enerbase. Upon review, the Supreme Court concluded the district court did not abuse its discretion in denying Ward Farms' motion to amend, and the district court did not err in granting Enerbase's summary judgment motion because Ward Farms did not raise an issue of material fact regarding its claim. View "Ward Farms v. Enerbase Cooperative Resource" on Justia Law
MayPort Farmers Co-Op v. St. Hilaire Seed Company, Inc.
MayPort Farmers Co-Op appealed the judgment entered after trial and the district court's order denying MayPort's motion to amend findings of fact and conclusions of law and to amend judgment. MayPort sued St. Hilaire Seed Co., Inc., alleging St. Hilaire owed MayPort money for storage of edible beans St. Hilaire purchased from MayPort. The district court concluded "usage of trade" applied as a gap-filler and found industry custom and standards rendered storage charges inappropriate because MayPort's inability to perform caused the need for storage. Upon review, the Supreme Court affirmed, concluding the district court's findings of fact were not clearly erroneous and the district court did not abuse its discretion by denying MayPort's motion to amend. View "MayPort Farmers Co-Op v. St. Hilaire Seed Company, Inc." on Justia Law