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UNION STATE BANK v. WOELL

Civ. No. 880096.

434 N.W.2d 712 (1989)

UNION STATE BANK, Plaintiff and Appellee, v. William WOELL, individually and d/b/a Turning Point Manufacturing and Turning Point Manufacturing, Inc., a corporation; Defendant and Appellant, and G.L. Ness Agency, Defendant.

Supreme Court of North Dakota.

January 9, 1989.

Attorney(s) appearing for the Case

DeMars, Turman & Johnson, Ltd., Fargo, for plaintiff and appellee; argued by Joseph A. Turman. Appearance by Timothy P. Hill.

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for defendant and appellant; argued by David L. Peterson.

Keith C. Magnusson, Bismarck, for amicus curiae ND Bankers Ass'n. Submitted on briefs.

LEVINE, Justice.

William Woell and Turning Point Manufacturing, Inc. [TPMI] appeal from a judgment awarding Union State Bank [Bank] $78,055.19 on two overdue promissory notes and dismissing TPMI and Woell's counterclaim against the Bank. We affirm.

TPMI was involved in the development and design of various products. In July 1979, Woell, the company President, approached the Bank to seek financing for the development and production of "The Supportable," which...

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