Northwestern Equipment, Inc. v. Cudmore
North Dakota Supreme Court
1Opinion of the Court
PAULSON, Justice.
Northwestern Equipment [“Northwestern”] appeals from the judgment of the district court of Walsh County entered on March 19, 1981, which dismissed Northwestern’s cause of action against Clayton Cud-more and awarded damages of $3,641.23 to Cudmore on a counterclaim. We reverse.
Clayton Cudmore owns and operates Cud-more Gravel Supply in Park River, North Dakota. In early June of 1978, Dean Cud-more, son of Clayton Cudmore and an employee of Cudmore Gravel Supply, telephoned Northwestern regarding problems he was having with an International TD-25B bulldozer owned by the…
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