Legal Opinion

Eddy v. Lee

North Dakota Supreme Court

Decided November 12, 1981No. Civ. 9967PublishedCited by 20 opinions

1Opinion of the Court

SAND, Justice.

Plaintiff, Judy D. Eddy [Eddy], appealed from a summary judgment for dismissal in favor of the defendants, James D. and Linda K. Lee [the Lees], in which the district court dismissed Eddy’s complaint because it determined that a $5,000.00 earnest money payment made by Eddy was liquidated damages and not a penalty.

On 23 Aug. 1978 Eddy and the Lees executed a “sale and earnest money contract” in which the Lees agreed to sell to Eddy a home located in Park River, North Dakota, for the price of $40,000 with $5,000 down and the balance of $35,000 to be paid on or before 15 Nov. 1978.…

2Cases cited9 opinions

  1. Herman v. MagnusonNorth Dakota Supreme Court · 1979
  2. Roeders v. City of Washburn Ex Rel. City CommissionNorth Dakota Supreme Court · 1980
  3. Hofer v. WM Scott Livestock CompanyNorth Dakota Supreme Court · 1972
  4. Matter of Estate of WagnerNorth Dakota Supreme Court · 1978
  5. Bowbells Public School District No. 14 v. WalkerNorth Dakota Supreme Court · 1975

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3Cited by20 opinions

  1. Shull v. WalckerNorth Dakota Supreme Court · 2009
  2. Land Office Co. v. Clapp-Thomssen Co.North Dakota Supreme Court · 1989
  3. Coldwell Banker-First Realty v. MEIDE & SON, INCORPORATEDNorth Dakota Supreme Court · 1988
  4. Sunderland v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1985
  5. Loken v. MagrumNorth Dakota Supreme Court · 1986

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

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