Bergquist-Walker Real Estate, Inc. v. William Clairmont, Inc.
North Dakota Supreme Court
1DissentPederson, Justice
Although Justice VandeWalle has discussed principles of law with which I agree, I do not agree that they are dispositive of this case.
When sophisticated business people rely upon oral agreements covering complex matters, their errors are only more complicated than when amateurs do it. If Walker had “exclusive right to sell lands,” it should be presumed that he had the “right to sell lands” and the sales he made would have to be fulfilled by Clairmont signing the appropriate deeds.
Ordinarily a party cannot claim, on appeal, the benefit of a version of relevant facts more favorable to him than…
2Cases cited5 opinions
- Kermit H. Severson, D/B/A Cardel Company v. Marcus FleckCourt of Appeals for the Eighth Circuit · 1958
- Malarchick v. PierceNorth Dakota Supreme Court · 1978
- KFGO Radio, Inc. v. RotheNorth Dakota Supreme Court · 1980
- Bohn v. Bohn Implement Co.North Dakota Supreme Court · 1982
- Severson v. FleckDistrict Court, D. North Dakota · 1957