B.W.S. INVESTMENTS v. MID-AM RESTAURANTS

Civ. No. 890277.

459 N.W.2d 759 (1990)

B.W.S. INVESTMENTS, a partnership, consisting of Pius Scherr, Robert Walth, James Swanberg, and Arlie Braumberger, Plaintiff and Appellee, v. MID-AM RESTAURANTS, INC., and Donald L. Russell, Defendants and Appellants.

Supreme Court of North Dakota.

July 31, 1990.


Attorney(s) appearing for the Case

Freed, Dynes, Reichert & Buresh, PC, Dickinson, for plaintiff and appellee, argued by Ronald A. Reichert.

Kelsch, Kelsch, Ruff & Austin, Mandan, for defendants and appellants, argued by William C. Kelsch.


GIERKE, Justice.

Appellants Mid-Am Restaurants, Inc., (Mid-Am) and Donald Russell appeal from a district court judgment which awarded B.W.S. Investments (B.W.S.) $81,538.72 for rental payment arrearages, $15,000 for loss of enjoyment of ownership and loss of potential market value of its property, together with interest at six percent until date of entry of judgment and thereafter twelve percent until full payment is received by B.W.S. We affirm.

Mid-Am, a...

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