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T.F. JAMES CO. v. VAKOCH

No. 990223.

604 N.W.2d 459 (2000)

2000 ND 9

T.F. JAMES COMPANY, an Iowa Corporation, Plaintiff and Appellant, v. Luella VAKOCH, individually, and doing business as New Images, Defendant and Appellee.

Supreme Court of North Dakota.

January 19, 2000.

Attorney(s) appearing for the Case

Edmund G. Vinje II, Vinje Law Office, Fargo, for plaintiff and appellant.

Lawrence P. Kropp, Kropp Law Office, Jamestown, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] T.F. James Company ("James") appealed from a post-judgment order denying James' motions regarding anticipatory breach, usury and attorney's fees. Because the lease is not subject to North Dakota's usury statute, we reverse. We remand to the district court to apply N.D.C.C. § 47-14-05 to the lease and to reconsider its decision not to award attorney's fees to James.

[¶ 2] In February 1991 Luella Vakoch ("Vakoch...

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