Schipper Construction, Inc. v. American Crystal Sugar Co.

CROTHERS, Justice.

[¶ 1] Schipper Construction, Inc. (“Schipper”), appeals from a judgment awarding it $68,106.66 from American Crystal Sugar Company (“American”) and dismissing on summary judgment Schip-per’s quantum meruit claim based on a rescission at law of contracts against American for additional compensation for work performed. We conclude the district court did not err in granting summary judgment dismissal because Schipper failed to raise a genuine issue of material fact that it gave American notice of rescis sion, one of the prerequisites for maintaining a rescission action. We…