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NORTHWESTERN EQUIPMENT, INC. v. BADINGER

Civ. No. 11334.

403 N.W.2d 8 (1987)

NORTHWESTERN EQUIPMENT, INC., Plaintiff and Appellee, v. Bill BADINGER, d/b/a Badinger Sand and Gravel, Defendant and Appellant.

Supreme Court of North Dakota.

March 26, 1987.

Attorney(s) appearing for the Case

Jay D. Carlson, Fargo, for plaintiff and appellee.

Howe, Hardy, Galloway & Maus, Dickinson, for defendant and appellant; argued by Michael J. Maus.

LEVINE, Justice.

Bill Badinger, d/b/a Badinger Sand and Gravel (Badinger), appeals from a summary judgment in favor of Northwestern Equipment, Inc. (Northwestern). We reverse.

Badinger and Northwestern had a business relationship for a number of years. On March 5, 1984, Badinger became indebted to Northwestern for the price of goods purchased from Northwestern. The invoice for the purchase bore a handwritten legend stating "60 days free of interest" and a...

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