Legal Opinion
Darby v. SWENSON, INC.
North Dakota Supreme Court
Decided June 17, 2009No. 20080215PublishedCited by 32 opinions
1Opinion of the Court
MARING, Justice.
[¶ 1] Craig Darby appeals a district court’s summary judgment in favor of Swenson Inc. We affirm, concluding the district court did not err in granting summary judgment because even if Darby had been permitted to amend his complaint, his added claim would not survive a motion for summary judgment and would have been futile. We further conclude the district court did not err in dismissing Darby’s complaint with prejudice.
I
[¶ 2] Craig Darby purchased a motor home from Swenson Inc. for $243,845. Per Darby’s instructions, at approximately midnight on July 6, 2006, at the Canadian…
2Cases cited15 opinions
- Cockrell v. SparksCourt of Appeals for the Eleventh Circuit · 2007
- Richard H. Hatch, Jr. v. Department for Children, Youth and Their Families (State of Rhode Island), Steven Brown and Mary McKee ProposedCourt of Appeals for the First Circuit · 2001
- Watson Ex Rel. Watson v. BeckelCourt of Appeals for the Tenth Circuit · 2001
- Riemers v. Grand Forks HeraldNorth Dakota Supreme Court · 2004
- Fleck v. Jacques Seed Co., Prescott, WisconsinNorth Dakota Supreme Court · 1989
10 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Johnson v. HovlandNorth Dakota Supreme Court · 2011
- Leno v. K & L Homes, Inc.North Dakota Supreme Court · 2011
- Bakke v. Magi-Touch Carpet One Floor & Home, Inc.North Dakota Supreme Court · 2018
- Oil v. RiemerNorth Dakota Supreme Court · 2011
- Sorenson v. FeltonNorth Dakota Supreme Court · 2011
27 more not listed; retrieve them via the Exa API.