Legal Opinion

Schmitt v. Berwick Township

North Dakota Supreme Court

Decided July 28, 1992No. Civ. 910349PublishedCited by 7 opinions

1Opinion of the Court

VANDE WALLE, Justice.

Berwick Township appealed from a county court judgment construing a gravel-hauling contract between the Township and David Schmitt and awarding Schmitt damages. We affirm.

During April 1990, the Township solicited bids for spot graveling of township roads. Three parties, including Schmitt, submitted bids. Schmitt’s bid was accepted by the Township board members. It provides, in its entirety, as follows:

“190 per yard per mile for the fir[s]t 3 miles and 20$ per yard per mile after 3 royalties over and above”

Schmitt completed the graveling designated by the Township and then…

2Cases cited9 opinions

  1. Steele v. VandersliceArizona Supreme Court · 1961
  2. Barsness v. General Diesel & Equipment Co.North Dakota Supreme Court · 1988
  3. Redlin v. RedlinNorth Dakota Supreme Court · 1989
  4. Dawn Enterprises v. LunaNorth Dakota Supreme Court · 1987
  5. Red River Human Services Foundation v. State, Department of Human ServicesNorth Dakota Supreme Court · 1991

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

3Cited by7 opinions

  1. Imperial Hotels Corporation v. Arthur P. Dore Jay Ambe Corporation and Dore Development Company, Mainstream Capital CorporationCourt of Appeals for the Sixth Circuit · 2001
  2. Habeck v. David MacDonald, M.D., P.C.North Dakota Supreme Court · 1994
  3. Matter of Estate of MurphyNorth Dakota Supreme Court · 1996
  4. Rosenberg v. Son, Inc.North Dakota Supreme Court · 1992
  5. Roen Land Trust v. FrederickNorth Dakota Supreme Court · 1995

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

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