Legal Opinion
Funke v. Aggregate Construction, Inc.
North Dakota Supreme Court
Decided May 27, 2015No. 20140052PublishedCited by 4 opinions
1Opinion of the Court
VANDE WALLE, Chief Justice.
[¶ 1] Aggregate Construction, Inc., appealed from a summary judgment- declaring leases of shop and office property to Aggregate were terminated on December 81, 2011, and dismissing Aggregate’s counterclaims against Robin and Kathleen Funke. We conclude the district court did not err in construing the leases to effectuate a termination on December 31, 2011, and in dismissing Aggregate’s counterclaims. We affirm.
I
[¶ 2] In 1988, Robin Funke and Robert Cogdill incorporated Aggregate, with each individual owning 50 percent of its stock. Funke was Aggregate’s president…
2Cases cited45 opinions
- White Sands Group, LLC v. PRS II, LLCSupreme Court of Alabama · 2008
- Federal Deposit Insurance Corporation, as Receiver for the First National Bank of Toms River, New Jersey v. Lawrence E. Bathgate, II Novasau Associates, a New Jersey Limited Partnership New Nas, Inc. T. Pamela Bathgate 54 Buena Vista Associates, a New Jersey Limited Partnership Tuscol Development, Inc., a New Jersey Corporation Old Monmouth Associates, a New Jersey Partnership Airport Associates, a New Jersey Partnership Gerald A. Gura the Club at West Deptford, a Limited Partnership, a New Jersey Limited Partnership State of New Jersey Columbia Savings and Loan Association Asset Recovery Management, Inc. William Bowman Associates, Inc. National Westminster Bank Nj, Successor to First Jersey National Bank/south. Lawrence E. Bathgate, II Novasau Associates New Nas, Inc. 54 Buena Vista Associates, a New Jersey Limited Partnership Tuscol Development, Inc., a New Jersey Corporation Old Monmouth Associates, a New Jersey Partnership, Third-Party v. William Barlow John C. Fellows, Jr. Ebert L. Hall Joseph P. Iaria David E. Johnson, Jr. Irene F. Kramer Jacqueline F. Pappas John F. Russo Leonard G. Lomell Office of the Comptroller of the Currency John McDougal Third-Party Federal Deposit Insurance Corporation, as Receiver for the First National Bank of Toms River v. Nla Associates Limited Partnership, a New Jersey Limited Partnership Lgp-I Limited Partnership, a New Jersey Limited Partnership Lgp-I Capital Corp., a New Jersey Corporation New Nas, Inc. Lawrence E. Bathgate, II Alan B. Landis Novasau Associates, a Limited Partnership, a New Jersey Limited Partnership. Lawrence Bathgate, II Novasau Associates, Limited Partnership New Nas, Inc. 54 Buena Vista Associates Tuscol Development, Inc. And Old Monmouth Associates (The Bathgate Defendants)Court of Appeals for the First Circuit · 1994
- Sea Lion Corp. v. Air Logistics of Alaska, Inc.Alaska Supreme Court · 1990
- Horn & Hardart Company v. National Rail Passenger CorporationCourt of Appeals for the D.C. Circuit · 1988
- Johnson v. HovlandNorth Dakota Supreme Court · 2011
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3Cited by4 opinions
- Frith v. The Park District of the City of FargoNorth Dakota Supreme Court · 2016
- Kessler v. City of PortlandCourt of Appeals of Oregon · 2025
- Matter of Hogen Trust BNorth Dakota Supreme Court · 2020
- Kessler v. City of PortlandCourt of Appeals of Oregon · 2025