Miller Enterprises, Inc. v. Dog N' Cat Pet Centers of America, Inc.

VANDE WALLE, Justice.

Dog N’ Cat Pet Centers of America, Inc., appealed from a judgment of the district court of Burleigh County rescinding its franchise agreement with Jim Miller and his corporation, Miller Enterprises, Inc., on the basis of fraud. We affirm.

Dog N’ Cat is a Colorado corporation with its principal place of business in Denver. In 1977, a former North Dakota resident named Steve Hintgen opened the first Dog N’ Cat pet store in Colorado Springs, Colorado. Hintgen’s business subsequently grew so that by 1985 he owned and operated five stores in the Colorado area. Encouraged by the…