Legal Opinion

Superior, Inc. v. Behlen Mfg. Co.

North Dakota Supreme Court

Decided August 24, 2007No. 20060308PublishedCited by 24 opinions

1Opinion of the Court

VANDE WALLE, Chief Justice.

[¶ 1] Superior, Inc. (“Superior”) appealed from summary judgment dismissing its action against Behlen Manufacturing Co. (“Behlen”). Superior argues the district court erroneously concluded that its claim was time barred by the four-year statute of limitations governing contracts for the sale of goods. Superior also contends the district court erred when it failed to apply the doctrines of equitable estoppel and equitable tolling, and when it held that Superior did not have a negligence claim against Behlen. We affirm.

I

[¶ 2] Superior is in the business of building…

2Cases cited19 opinions

  1. Arthur Araujo v. Woods Hole, Martha's Vineyard, Nantucket Steamship Authority v. New England Telephone Co., Third-PartyCourt of Appeals for the First Circuit · 1982
  2. Olander Contracting Co. v. Gail Wachter InvestmentsNorth Dakota Supreme Court · 2002
  3. Peoples' Democratic Republic of Yemen v. Goodpasture, Inc.Court of Appeals for the Second Circuit · 1986
  4. Petroleo Brasileiro, SA, Petro. v. Ameropan Oil Corp.District Court, E.D. New York · 1974
  5. Narum v. Faxx Foods, Inc.North Dakota Supreme Court · 1999

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

3Cited by24 opinions

  1. Red River Wings, Inc. v. Hoot, Inc.North Dakota Supreme Court · 2008
  2. Wells Dairy, Inc. v. American Industrial Refrigeration, Inc.Supreme Court of Iowa · 2009
  3. Lonesome Dove Petroleum, Inc. v. John H. HoltCourt of Appeals for the Eighth Circuit · 2018
  4. State v. JohnsonNorth Dakota Supreme Court · 2011
  5. Berger v. SellersNorth Dakota Supreme Court · 2023

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

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