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HERMAN OIL, INC. v. PETERMAN

Civ. No. 930275.

518 N.W.2d 184 (1994)

HERMAN OIL, INC., Plaintiff and Appellant, v. Harvey PETERMAN and Shirley Peterman, Defendants and Appellees.

Supreme Court of North Dakota.

June 15, 1994.

Attorney(s) appearing for the Case

Fred C. Rathert (argued), of Bjella, Neff, Rathert, Wahl & Eiken, PC, Williston, and Lyle R. Panasuk (appearance), Hebron, for plaintiff and appellant.

Michel W. Stefonowicz (argued), Crosby, and Jeffrey J. Peterson (appearance), Bowbells, for defendants and appellees.

LEVINE, Justice.

Herman Oil, Inc. appeals from a judgment dismissing its action to collect on a personal guaranty by Harvey and Shirley Peterman for the debts of Peterman Oil, Inc., a corporation owned by the Petermans and their son. We hold that the trial court's implicit determination that Herman Oil and Peterman Oil did not intend written invoices to be a final expression of their agreement was not clearly erroneous and permitted the court to rely on extrinsic...

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