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MIDLAND DIESEL SERVICE & ENGINE v. SIVERTSON

Civ. No. 9930.

307 N.W.2d 555 (1981)

MIDLAND DIESEL SERVICE & ENGINE COMPANY, a North Dakota corporation, d/b/a Midland Diesel Service, Plaintiff, Appellee and Cross-Appellant, v. Gilbert SIVERTSON, d/b/a J & S Trucking of Landa, North Dakota, Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

June 25, 1981.

Attorney(s) appearing for the Case

Farhart, Rasmuson, Lian & Maxson, Minot, for plaintiff, appellee and cross-appellant; argued by Moody M. Farhart, Minot.

John R. Gregg, Bottineau, for defendant, appellant and cross-appellee.

PEDERSON, Justice.

Gilbert Sivertson appeals from a district court award of $3,090 to Midland Diesel Service based on a determination of unjust enrichment. We affirm.

In late April, 1979, Dale Nesdahl, manager of Midland Diesel Service in Minot, received a phone call from John Sivertson, son of the appellant Gilbert Sivertson. Nesdahl stated at trial that he did not recall knowing who the caller was. The younger Sivertson was looking for a diesel motor to...

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