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RAY FARMERS UNION ELEVATOR CO. v. WEYRAUCH

Civ. No. 9132.

238 N.W.2d 47 (1975)

RAY FARMERS UNION ELEVATOR CO., Plaintiff-Appellant, v. Harold WEYRAUCH et al., Defendants-Appellees.

Supreme Court of North Dakota.

Rehearing Denied February 11, 1976.

Attorney(s) appearing for the Case

Pringle & Herigstad, Minot, for plaintiff-appellant; argued by Herbert L. Meschke, Minot.

McGee, Hankla, Backes & Wheeler, Minot, for defendants-appellees; argued by Orlin W. Backes, Minot.

PEDERSON, Judge.

This is an appeal from a summary judgment entered by the district court of Williams County awarding Ray Farmers Union Elevator Company liquidated damages against Weyrauch Bros. upon the default of grain contracts. Although the judgment is in its favor, the elevator company appeals and asserts that a liquidated damage clause is not to be construed as an exclusive remedy under § 41-02-98, NDCC, unless it is so expressly agreed in the contract....

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