Legal Opinion

Metric Construction, Inc. v. Great Plains Properties

North Dakota Supreme Court

Decided February 27, 1984No. Civ. 10532PublishedCited by 13 opinions

1Opinion of the Court

PEDERSON, Justice.

Metric Construction, the creditor in this contract action, appeals from a judgment entered in its favor. The trial court determined as a matter of law that the contract in question was governed by §§ 13-01-14 and 13-01-15, NDCC (collection of late payment charges), but disallowed any late payment charge because of Metric’s failure to comply with subsection 6 of § 13-01-15. Instead, the court awarded interest at the legal rate of 6%, presumably pursuant to § 47-14-05, NDCC. We conclude that §§ 13-01-14 and 13-01-15 do not apply to a written contract that specifically provides…

2Cases cited7 opinions

  1. Midland Diesel Service & Engine Co. v. SivertsonNorth Dakota Supreme Court · 1981
  2. Snyder's Drug Stores, Inc. v. North Dakota State Board of PharmacyNorth Dakota Supreme Court · 1974
  3. Sorlie v. NessNorth Dakota Supreme Court · 1982
  4. Apple Creek Township v. City of BismarckNorth Dakota Supreme Court · 1978
  5. Ray Co., Inc. v. JohnsonNorth Dakota Supreme Court · 1982

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

3Cited by13 opinions

  1. First National Bank of Belfield v. BurichNorth Dakota Supreme Court · 1985
  2. Little v. TracyNorth Dakota Supreme Court · 1993
  3. Stensrud v. Mayville State CollegeNorth Dakota Supreme Court · 1985
  4. Northwestern Equipment, Inc. v. BadingerNorth Dakota Supreme Court · 1987
  5. PW Enterprises, Inc. v. State of North DakotaCourt of Appeals for the Eighth Circuit · 2015

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

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