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WEBSTER v. BISMARCK PUBLIC SCH. DIST. NO. 1

Civ.No. 10130.

321 N.W.2d 98 (1982)

Melvin L. WEBSTER, Warren A. Henke, Arnold M. Lahren, Nancy Olsen, Ginger Newton, Karla Smart and Randall Lee Boor, Plaintiffs and Appellants, Paul H. Bodmer, Plaintiff, v. BISMARCK PUBLIC SCHOOL DISTRICT NO. 1, a public corporation, Defendant and Appellee.

Supreme Court of North Dakota.

July 1, 1982.

Attorney(s) appearing for the Case

Chapman & Chapman, Bismarck, for plaintiffs and appellants; argued by Daniel J. Chapman, Bismarck.

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for defendant and appellee; argued by Albert A. Wolf, Bismarck.

PEDERSON, Justice.

The principal question presented upon this appeal is: may an issue which has been discussed in pre-contract negotiations and rejected by one of the negotiating parties, thus preventing its inclusion in the master contract, be later raised in judicial proceedings? We conclude that, ordinarily, it may not. We further conclude that mandamus is not available under the circumstances of this case. The judgment is affirmed.

The appellants in this...

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