Almont Lumber & Equipment Co. v. Hatzenbuehler

PEDERSON, Justice.

The only issue raised on this appeal involves an award of prejudgment interest (§ 32-03-04, NDCC) in a case arising out of an oral contract. We affirm the judgment.

The facts upon which we rely are from an agreed statement executed by counsel for the parties and approved by the trial court (Rule 10(g), NDRAppP).

In September 1979, Hatzenbuehler contracted with Almont Lumber to erect a pole barn for $36,871.82. Sales tax was not mentioned. Hatzenbuehler paid $3,000 down.

On January 26, 1980, the parties had a “meeting” at which Hatzenbuehler paid Al-mont Lumber an additional…