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BAHM v. EISENBARTH

Civ. No. 10489.

339 N.W.2d 568 (1983)

Vernon BAHM, Plaintiff and Appellee, v. Reuben EISENBARTH, Defendant and Appellant.

Supreme Court of North Dakota.

October 31, 1983.

Attorney(s) appearing for the Case

Rosenberg, Evans, Moench & Baird, Bismarck, for plaintiff and appellee; argued by Dale W. Moench, Bismarck.

Calvin Hoovestol, Bismarck, for defendant and appellant; argued by Calvin Hoovestol, Bismarck.

PEDERSON, Justice.

Claiming that he had sold Eisenbarth $882 worth of hay and had not been paid, Bahm proceeded with an action in small claims court (Ch. 27-08.1, NDCC). Eisenbarth elected to remove the action to county court and, in his answer and counterclaim, admitted the purchase but alleged that the quality of the hay was intentionally and mailiciously misrepresented. Eisenbarth asked for $1,500 exemplary damages, plus storage and shipping costs.

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