Legal Opinion

Westby v. Schmidt

North Dakota Supreme Court

Decided March 16, 2010No. 20090109PublishedCited by 10 opinions

1Opinion of the Court

MARING, Justice.

[¶ 1] Gary Schmidt and Schmidt Construction of Stanley, Inc. (“appellants”) appeal from a district court judgment entered after a jury awarded Randy Westby $239,595.14 in damages in a breach of contract action. We affirm, concluding the district court did not abuse its discretion by allowing expert testimony, there was sufficient evidence to support the jury’s verdict, and the court did not err in denying the appellants’ motion to dismiss the corporation as a defendant.

I

[¶ 2] In early 2006, Westby began talking to Schmidt, a licensed contractor doing business as Schmidt…

2Cases cited13 opinions

  1. Erickson v. BrownNorth Dakota Supreme Court · 2008
  2. State v. HernandezNorth Dakota Supreme Court · 2005
  3. Anderson v. A.P.I. Co. of MinnesotaNorth Dakota Supreme Court · 1997
  4. Askew v. Joachim Memorial HomeNorth Dakota Supreme Court · 1975
  5. Gonzalez v. TounjianNorth Dakota Supreme Court · 2003

8 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Spring Creek Exploration & Prod. Co. v. Hess Bakken Inv., II, LLCCourt of Appeals for the Tenth Circuit · 2018
  2. Leno v. K & L Homes, Inc.North Dakota Supreme Court · 2011
  3. A.G. Golden v. SM Energy CompanyNorth Dakota Supreme Court · 2013
  4. Cavendish Farms, Inc. v. Mathiason Farms, Inc.North Dakota Supreme Court · 2010
  5. Jalbert v. Eagle Rigid Spans, Inc.North Dakota Supreme Court · 2017

5 more not listed; retrieve them via the Exa API.

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