Legal Opinion
Dobler v. Malloy
North Dakota Supreme Court
Decided December 11, 1973No. Civ. 8894PublishedCited by 43 opinions
1Opinion of the Court
VOGEL, Judge.
This dispute between a housebuilder, Dobler, and the owner of the house, Mal-loy, is before us for the second time. See Dobler v. Malloy, 190 N.W.2d 46 (N.D.1971).
On the former appeal by Dobler, he succeeded in obtaining a new trial and a determination that Malloy had anticipatorily breached the contract between them. At the new trial, the court allowed the pleadings to be amended, retried the issues of damages, and, to Dobler’s apparent dismay, awarded more damages to Malloy than were awarded at the first trial.
Having won a victory here which, after the retrial in the district…
2Cases cited17 opinions
- Waggoner v. Midwestern Development, Inc.South Dakota Supreme Court · 1967
- Smith v. Old Warson Development CompanySupreme Court of Missouri · 1972
- Theis v. HeuerIndiana Supreme Court · 1972
- Weeks v. Slavik Builders, Inc.Michigan Supreme Court · 1970
- Weeks v. Slavik Builders, Inc.Michigan Court of Appeals · 1970
12 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Jablonsky v. KlemmNorth Dakota Supreme Court · 1985
- Byron v. Gerring Industries, Inc.North Dakota Supreme Court · 1982
- Leno v. K & L Homes, Inc.North Dakota Supreme Court · 2011
- Lawrence v. LawrenceNorth Dakota Supreme Court · 1974
- Air Heaters, Inc. v. Johnson Electric, Inc.North Dakota Supreme Court · 1977
38 more not listed; retrieve them via the Exa API.