AIRPORT INN ENTERPRISES, INC. v. RAMAGE

No. 20040032.

679 N.W.2d 269 (2004)

2004 ND 92

AIRPORT INN ENTERPRISES, INC., Plaintiff and Appellee v. David A. RAMAGE, Defendant and Appellant.

Supreme Court of North Dakota.

May 5, 2004.


Attorney(s) appearing for the Case

Scott M. Knudsvig of Pringle & Herigstad, P.C., Minot, N.D., for plaintiff and appellee.

Grant H. Shaft of Shaft, Reis and Shaft, Grand Forks, N.D., for defendant and appellant.


SANDSTROM, Justice.

[¶ 1] David Ramage agreed to purchase the International Inn in Williston, North Dakota, from Airport Inn Enterprises, Inc., paying $25,000 in earnest money. The district court granted summary judgment for Airport Inn and awarded it the earnest money on the basis of the contract clause providing for liquidated damages if Ramage failed to complete the purchase. Because the buyer's obtaining financing acceptable to the buyer was a condition precedent...

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