Rolin Manufacturing, Inc. v. Mosbrucker

NEUMANN, Justice.

Rolin Manufacturing, Inc. [Rolin], appealed from judgments dismissing its amended complaint against Jim Mosbrucker and Bank Center First [the Bank] under Rule 12(b)(v), N.D.R.Civ.P., for failure to state a claim upon which relief can be granted. We affirm in part, reverse in part, and remand.

In 1993, Rolin filed a twelve-page amended complaint against Mosbrucker and the Bank alleging that, on January 21,1993, Mosbrucker tendered to Rolin three checks (for $5,000.00, $3,396.75 and $3,396.75) to pay for a trailer and for work done on rodeo equipment; the checks were drawn on…