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E.W. WYLIE CORP. v. MENARD, INC.

Civ. No. 940078.

523 N.W.2d 395 (1994)

E.W. WYLIE CORPORATION, Plaintiff and Appellant, v. MENARD, INC., Defendant and Appellee.

Supreme Court of North Dakota.

October 31, 1994.

Attorney(s) appearing for the Case

Jon R. Brakke (argued), Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for plaintiff and appellant.

Michael F. Swensen (argued), Eau Claire, WI, for defendant and appellee.

MESCHKE, Justice.

E.W. Wylie Corporation (Wylie) appeals from a judgment denying it collection of unpaid freight charges from Menard, Inc. (Menard). Because contract law governs, we affirm.

Menard, located at Eau Claire, WI, is a retailer of building materials and home improvement products. Menard contracted with IKA Lumber Specialties Inc. (IKA) of Lackawanna, NY, for the purchase of lumber. The purchase orders dated January 11, 1993, called for delivery...

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