Kaler v. Kraemer
North Dakota Supreme Court
1Opinion of the Court
MAKING, Justice.
[¶ 1] Kip M. Kaler, Leland Wolsky, and Larry Kummer, as assignee of Kummer Farms Cooperative, appeal from the trial court’s order denying their motion to amend the judgment in favor of Frederick Kraemer, which dismissed Appellants’ action with prejudice. We conclude Kraemer breached his contract with Appellants by misrepresenting his income. We also conclude Appellants’ remedy lies in the terms of their contract with Kraemer. Thus, we reverse and remand for the trial court to enter a new judgment in accordance with this decision.
I
[¶ 2] In 1984, Appellants obtained judgments…
2Cases cited10 opinions
- Metcalf v. Security International Insurance Co.North Dakota Supreme Court · 1978
- Pamida, Inc. v. MeideNorth Dakota Supreme Court · 1995
- State v. OsierNorth Dakota Supreme Court · 1997
- Roise v. KurtzNorth Dakota Supreme Court · 1998
- Moen v. MeidingerNorth Dakota Supreme Court · 1996
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