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NORTHWESTERN EQUIPMENT, INC. v. CUDMORE

Civ. No. 9981.

312 N.W.2d 347 (1981)

NORTHWESTERN EQUIPMENT, INC., Plaintiff and Appellant, v. Clayton CUDMORE, individually, and d/b/a Cudmore Gravel Supply, Defendant and Appellee.

Supreme Court of North Dakota.

November 12, 1981.

Attorney(s) appearing for the Case

Richie, Sogard & Carlson, Fargo, for plaintiff and appellant; argued by Jay D. Carlson, Fargo.

Albert Frederick Arnason, Grand Forks, for defendant and appellee.

PAULSON, Justice.

Northwestern Equipment ["Northwestern"] appeals from the judgment of the district court of Walsh County entered on March 19, 1981, which dismissed Northwestern's cause of action against Clayton Cudmore and awarded damages of $3,641.23 to Cudmore on a counterclaim. We reverse.

Clayton Cudmore owns and operates Cudmore Gravel Supply in Park River, North Dakota. In early June of 1978, Dean Cudmore, son of Clayton Cudmore and an employee of Cudmore...

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