Ray Farmers Union Elevator Co. v. Weyrauch

PEDERSON, Judge.

This is an appeal from a summary judgment entered by the district court of Williams County awarding Ray Farmers Union Elevator Company liquidated damages against Weyrauch Bros, upon the default of grain contracts. Although the judgment is in its favor, the elevator company appeals and asserts that a liquidated damage clause is not to be construed as an exclusive remedy under § 41-02-98, NDCC, unless it is so expressly agreed in the contract. The elevator company claims that summary judgment was improper and that it was entitled to a trial on the question of damage. There is no…