FINSTROM v. FIRST STATE BANK OF BUXTON

Civ. No. 940189.

525 N.W.2d 675 (1994)

Melvin FINSTROM, Plaintiff and Appellant, v. FIRST STATE BANK OF BUXTON, Defendant and Appellee.

Supreme Court of North Dakota.

December 20, 1994.


Attorney(s) appearing for the Case

Richard Henderson (argued), Nilles, Hansen & Davies, Ltd., Fargo, for plaintiff and appellant.

John S. Foster (argued), Vaaler, Warcup, Woutat, Zimney & Foster, Grand Forks, for defendant and appellee.


NEUMANN, Justice.

Melvin Finstrom appeals from summary judgment dismissing his claims for royalties and damages stemming from the sale of gravel originally removed from his land. We reverse and remand.

The facts as alleged in the pleadings are complex. Because this is an appeal from summary judgment, we view the evidence in a light most favorable to the party against whom summary judgment is sought, in this case, Finstrom. Binstock v. Tschider,

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