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SUPER HOOPER, INC. v. DIETRICH & SONS, INC.

Civ. No. 10559.

347 N.W.2d 152 (1984)

SUPER HOOPER, INC., Plaintiff and Appellant, v. DIETRICH & SONS, INC., Defendant and Appellee.

Supreme Court of North Dakota.

March 29, 1984.

Attorney(s) appearing for the Case

Farhart, Rasmuson, Lian & Maxson, Minot, for plaintiff and appellant; argued by Steven C. Lian, Minot.

Ployhar, Thorson & Weisenburger, Valley City, for defendant and appellee; argued by Roger R. Weisenburger, Valley City.

PEDERSON, Justice.

In December 1979, corporate officers of Super Hooper, Inc. and Dietrich & Sons, Inc. met to discuss the marketing of a device which, when affixed to a basketball hoop, would reward an accurate shot by returning the ball to the shooter. Theoretically, a missed shot requires the shooter to chase after the ball. Within a few days after this discussion, the two corporations exchanged letters and those letters constitute the contract now disputed...

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