Dunseith Sand & Gravel Co., Inc. v. Albrecht

GIERKE, Justice.

The defendant Ivanlee Albrecht appealed from an order for judgment granted by the District Court of Rolette County. We reverse.

The action was commenced by Dunseith Sand & Gravel Co., Inc., against Ivanlee Albrecht [Albrecht] for principal and interest on a past due open account for goods allegedly sold to him personally by Dun-seith Sand & Gravel Co., Inc. [Dunseith]. Albrecht argues that any amounts owing to Dunseith are an obligation incurred by “Ivanlee’s Construction and Supply, Inc.” and are not his personal obligation.

After discovery was completed, pursuant to Rule 56 of…