Legal Opinion
Robertson Companies, Inc. v. Kenner
North Dakota Supreme Court
Decided October 23, 1981No. Civ. 9953PublishedCited by 24 opinions
1Opinion of the Court
PEDERSON, Justice.
Three basic questions presented in this case are: (1) was the unrequested remedy of rescission properly granted; (2) does the remedy of rescission preclude allowing damages for lost profits; and (3) was there sufficient evidence to prove lack of substantial performance. In addition, we are asked to determine whether or not the trial court properly granted interest on loss of profits.
We conclude that the unrequested remedy of rescission was properly granted and that rescission and damages are not mutually exclusive remedies under the Uniform Commercial Code. We further…
2Cases cited20 opinions
- Jones v. AbrianiIndiana Court of Appeals · 1976
- Pittsburgh-Des Moines Steel Co., Plaintiff-Counter-Defendant-Appellant v. Brookhaven Manor Water Co., Defendant-Counter-Plaintiff-AppelleeCourt of Appeals for the Seventh Circuit · 1976
- Duffee v. JudsonSuperior Court of Pennsylvania · 1977
- Thompson Farms v. CORNO FEED PRODUCTS, ETC.Indiana Court of Appeals · 1977
- Johnson v. Monsanto Co.North Dakota Supreme Court · 1981
15 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Bellemare v. Gateway Builders, Inc.North Dakota Supreme Court · 1988
- DAKOTA GASIFICATION COMPANY, Appellant, v. PASCOE BUILDING SYSTEMS, a DIVISION OF AMCORD, INC.; Del Con, Inc., AppelleesCourt of Appeals for the Eighth Circuit · 1996
- Holcomb v. ZinkeNorth Dakota Supreme Court · 1985
- Overboe v. OdegaardNorth Dakota Supreme Court · 1993
- All Seasons Water Users Ass'n v. Northern Improvement Co.North Dakota Supreme Court · 1987
19 more not listed; retrieve them via the Exa API.