Legal Opinion

Felco, Inc. v. Doug's North Hill Bottle Shop, Inc.

North Dakota Supreme Court

Decided June 4, 1998No. Civil 970234PublishedCited by 23 opinions

1Opinion of the Court

SANDSTROM, Justice.

[¶ 1] Feleo, Inc., appeals from a judgment entered upon a jury verdict dismissing its action against Doug’s North Hill Bottle Shop, Inc., and Janet Knudson for unpaid percentage rent and from an order denying judgment as a matter of law, or in the alternative, a new trial. We conclude, as a matter of law, the lease is unambiguous, payment of past due percentage rent was not waived under the lease, part performance is not consistent only with existence of the alleged oral agreement, the new written lease was not a complete integration, and the parol evidence rule does not…

2Cases cited22 opinions

  1. Okken v. OkkenNorth Dakota Supreme Court · 1982
  2. Tom Beuchler Construction, Inc. v. City of WillistonNorth Dakota Supreme Court · 1987
  3. Metcalf v. Security International Insurance Co.North Dakota Supreme Court · 1978
  4. Martin v. Allianz Life Insurance Co. of North AmericaNorth Dakota Supreme Court · 1998
  5. Thompson v. North Dakota Workers' Compensation BureauNorth Dakota Supreme Court · 1992

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

3Cited by23 opinions

  1. Langer v. BartholomayNorth Dakota Supreme Court · 2008
  2. Moen v. ThomasNorth Dakota Supreme Court · 2001
  3. Symington v. MayoNorth Dakota Supreme Court · 1999
  4. Kaler v. KraemerNorth Dakota Supreme Court · 1999
  5. John T. Jones Construction Co. v. Hoot General Construction Co.Court of Appeals for the Eighth Circuit · 2010

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

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