Evenson v. Quantum Industries, Inc.

[¶ 21] I respectfully dissent. Summary judgment was improperly granted on Ev-enson’s claim for fraud in the inducement. I would. reverse and remand for further proceedings relating to the claim of fraud.

[¶ 22] Evenson sued for fraud alleging he was induced to enter into a contract as a result of representations made by James Page and Quantum that “they would agree not to sell the Maximan product line or the related rights to manufacture, sell and/or market the Maximan to any third party.”

[¶ 23] Fraud is defined in N.D.C.C. § 9-03-08:

Actual fraud within the meaning of this title consists in…