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METRIC CONST. v. GREAT PLAINS PROPERTIES

Civ. No. 10532.

344 N.W.2d 679 (1984)

METRIC CONSTRUCTION, INC., Plaintiff and Appellant, v. GREAT PLAINS PROPERTIES, a limited partnership, and Harlan Heinsohn and Richard D. Olson, its partners, Defendants, and Great Western Development Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

February 27, 1984.

Attorney(s) appearing for the Case

Tschider & Smith, Bismarck, for plaintiff and appellant; argued by Sean O. Smith, Bismarck.

Kelsch, Kelsch, Bennett, Ruff & Austin, Mandan, for defendant and appellee; argued by Thomas D. Kelsch, Mandan.

PEDERSON, Justice.

Metric Construction, the creditor in this contract action, appeals from a judgment entered in its favor. The trial court determined as a matter of law that the contract in question was governed by §§ 13-01-14 and 13-01-15, NDCC (collection of late payment charges), but disallowed any late payment charge because of Metric's failure to comply with subsection 6 of § 13-01-15. Instead, the court awarded interest at the legal rate of 6...

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