Finstrom v. First State Bank of Buxton

NEUMANN, Justice.

Melvin Finstrom appeals from summary judgment dismissing his claims for royalties and damages stemming from the sale of gravel originally removed from his land. We reverse and remand.

The facts as alleged in the pleadings are complex. Because this is an appeal from summary judgment, we view the evidence in a light most favorable to the party against whom summary judgment is sought, in this case, Finstrom. Binstock v. Tschider, 374 N.W.2d 81, 83 (N.D.1985). The record indicates that Finstrom owned a parcel of land containing gravel deposits. In .1979 he entered into a lease…