Mann v. Zabolotny

NEUMANN, Justice.

[¶ 1] Anton and Bernel Zabolotny appeal from a district court judgment awarding John Mueller $18,000 on a cross-claim for breach of contract. Concluding the trial court abused its discretion in amending the pleadings on its own motion after trial, we reverse and remand for further proceedings.

I

[¶2] The Zabolotnys owned a bowling alley, restaurant, and bar in Killdeer. The business was being run by Arlan and Lau rie Mann. On February 16, 1996, the Zabo-lotnys and Mueller entered into a contract for deed whereby the Zabolotnys agreed to sell the business, including the realty…