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VERMEER INDUS. OF N.D. v. BACHMEIER

Civ. No. 910348.

486 N.W.2d 506 (1992)

VERMEER INDUSTRIAL OF NORTH DAKOTA, Plaintiff and Appellee, v. Don BACHMEIER, Defendant and Appellant, and Lance Bachmeier, Defendant.

Supreme Court of North Dakota.

June 25, 1992.

Attorney(s) appearing for the Case

Michael J. Maus (argued), of Howe, Hardy, Galloway & Maus, PC, Dickinson, for plaintiff and appellee.

Daniel J. Chapman (argued), of Chapman & Chapman, Bismarck, for defendant and appellant.

MESCHKE, Justice.

Don Bachmeier appeals from a county court judgment awarding Vermeer Industrial of North Dakota [Vermeer] $5,740.92 plus interest, and from an order denying his NDRCivP 60(b) motion for relief from the judgment. We affirm.

On June 10, 1988, Vermeer sold and delivered to Don a used trencher for $22,682.50. Don, who ran an excavating business, gave Vermeer's salesman, Frank Carlson, a check for $20,000. The sales slip stated: "30 day warranty...

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