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JOHN DEERE COMPANY v. NYGARD EQUIPMENT, INC.

Civ. No. 9010.

225 N.W.2d 80 (1974)

JOHN DEERE COMPANY, a Division of Deere & Company, a corporation, Plaintiff-Appellant, v. NYGARD EQUIPMENT, INC., Defendant-Appellee.

Supreme Court of North Dakota.

December 31, 1974.

Attorney(s) appearing for the Case

Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, for plaintiff and appellant.

Vogel, Vogel, Brantner & Kelly, Fargo, for defendant and appellee.

KNUDSON, Judge.

John Deere Company (hereafter Deere) appeals from a judgment obtained by Nygard Equipment, Inc. (hereafter Nygard) for $57,481.20, which included $25,000.00 for conversion, $15,000.00 for interest, $15,000.00 for punitive damages, and $2,481.20 for costs.

On July 7, 1971, Deere initiated an action by complaint wherein it was in essence asserted: that Deere and Nygard, on November 3, 1970, entered into a dealership agreement and that contemporaneously...

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