Herman Oil, Inc. v. Peterman
North Dakota Supreme Court
1Opinion of the Court
LEVINE, Justice.
Herman Oil, Inc. appeals from a judgment dismissing its action to collect on a personal guaranty by Harvey and Shirley Peterman for the debts of Peterman Oil, Inc., a corporation owned by the Petermans and their son. We hold that the trial court’s implicit determination that Herman Oil and Peter-man Oil did not intend written invoices to be a final expression of their agreement was not clearly erroneous and permitted the court to rely on extrinsic evidence to determine the terms of that agreement. We further hold that the court’s findings on the terms of that agreement were…
2Cases cited14 opinions
- Barbara Oil Co. v. Kansas Gas Supply Corp.Supreme Court of Kansas · 1992
- Anderson & Nafziger v. G. T. Newcomb, Inc.Idaho Supreme Court · 1979
- Transamerica Oil Corporation v. Lynes, Inc. And Baker International CorporationCourt of Appeals for the Tenth Circuit · 1983
- Sierra Diesel Injection Service, Inc. v. Burroughs Corporation, Inc.Court of Appeals for the Ninth Circuit · 1989
- Dangerfield v. MarkelNorth Dakota Supreme Court · 1977
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