Legal Opinion

Lochthowe v. C.F. Peterson Estate

North Dakota Supreme Court

Decided February 16, 2005No. 20040159PublishedCited by 28 opinions

1Opinion of the Court

VANDE WALLE, Chief Justice.

[¶ 1] Jared Lochthowe appealed from a judgment dismissing his action against C.F. Peterson Estate, Peterson Farm Properties, Douglas Thompson and David Thompson, and awarding David Thompson $28,894.36 in damages on his counterclaim against Lochthowe. We conclude the district court did not abuse its discretion in refusing to allow Lochthowe to amend his complaint to allege a claim for unjust enrichment against David Thompson because, under the circumstances, unjust enrichment is unavailable as a matter of law. We further conclude the district court’s award of damages…

2Cases cited19 opinions

  1. Paschall's, Inc. v. DozierTennessee Supreme Court · 1966
  2. Pierringer v. HogerWisconsin Supreme Court · 1963
  3. Bartels v. City of WillistonNorth Dakota Supreme Court · 1979
  4. Ritter, Laber & Associates, Inc. v. Koch Oil, Inc.North Dakota Supreme Court · 2004
  5. Trade 'N Post, L.L.C. v. World Duty Free Americas, Inc.North Dakota Supreme Court · 2001

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3Cited by28 opinions

  1. Erickson v. BrownNorth Dakota Supreme Court · 2008
  2. Coughlin Construction Co. v. Nu-Tec Industries, Inc.North Dakota Supreme Court · 2008
  3. State v. DopplerNorth Dakota Supreme Court · 2013
  4. Hayden v. Medcenter One, Inc.North Dakota Supreme Court · 2013
  5. Moody v. SundleyNorth Dakota Supreme Court · 2015

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

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