Legal Opinion

Northwestern Equipment, Inc. v. Badinger

North Dakota Supreme Court

Decided March 26, 1987No. Civ. 11334PublishedCited by 22 opinions

1Opinion of the Court

LEVINE, Justice.

Bill Badinger, d/b/a Badinger Sand and Gravel (Badinger), appeals from a summary judgment in favor of Northwestern Equipment, Inc. (Northwestern). We reverse.

Badinger and Northwestern had a business relationship for a number of years. On March 5,1984, Badinger became indebted to Northwestern for the price of goods purchased from Northwestern. The invoice for the purchase bore a handwritten legend stating “60 days free of interest” and a typed legend stating:

“TERMS: Net 10th of the following Month of Purchase. Any account NOT PAID within 30 days from that date is past due and…

2Cases cited7 opinions

  1. Lavelle Stevens, Administratrix of the Estate of Robert Wayne Stevens, Deceased v. James A. Barnard, Iii, D/B/A Mid-Continent BellancaCourt of Appeals for the Tenth Circuit · 1975
  2. First National Bank of Hettinger v. ClarkNorth Dakota Supreme Court · 1983
  3. Krueger v. St. Joseph's HospitalNorth Dakota Supreme Court · 1981
  4. Rice v. Chrysler Motors CorporationNorth Dakota Supreme Court · 1972
  5. Metric Construction, Inc. v. Great Plains PropertiesNorth Dakota Supreme Court · 1984

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

3Cited by22 opinions

  1. Union State Bank v. WoellNorth Dakota Supreme Court · 1989
  2. Stout v. Fisher Industries, Inc.North Dakota Supreme Court · 1999
  3. Federal Land Bank of St. Paul v. AsbridgeNorth Dakota Supreme Court · 1987
  4. Wachter Development, L.L.C. v. GomkeNorth Dakota Supreme Court · 1996
  5. State v. KlemNorth Dakota Supreme Court · 1989

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API