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ROBERTSON COMPANIES, INC. v. KENNER

Civ. No. 9953.

311 N.W.2d 194 (1981)

ROBERTSON COMPANIES, INC., Plaintiff, Appellant and Cross-Appellee, v. Harold KENNER, Defendant, Appellee and Cross-Appellant.

Supreme Court of North Dakota.

October 23, 1981.

Attorney(s) appearing for the Case

Dahl, Greenagel & Geiger, Grafton, and Brink, Sobolik, Severson & Vroom, Hallock, Minn., for plaintiff, appellant and cross-appellee; argued by Roger Malm, Hallock, Minn.

Kenner, Halvorson & Sturdevant, Minot, for defendant, appellee and cross-appellant; argued by Harris P. Kenner, Minot.

PEDERSON, Justice.

Three basic questions presented in this case are: (1) was the unrequested remedy of rescission properly granted; (2) does the remedy of rescission preclude allowing damages for lost profits; and (3) was there sufficient evidence to prove lack of substantial performance. In addition, we are asked to determine whether or not the trial court properly granted interest on loss of profits.

We conclude that the unrequested remedy of rescission...

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