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PRATT v. ALTENDORF

No. 20040163.

692 N.W.2d 115 (2005)

2005 ND 32

Robin PRATT, Plaintiff and Appellant v. Richard ALTENDORF d/b/a Northwood Aero Spray and/or Northwood Aero Service, Defendant and Appellee.

Supreme Court of North Dakota.

February 16, 2005.

Attorney(s) appearing for the Case

Adam Wade Hamm (argued) and David J. Hauff (on brief), Anderson & Bottrell, Fargo, ND, for plaintiff and appellant.

E. Thomas Conmy III (argued), Nilles, Ilvedson, Stroup, Plambeck & Selbo, Ltd., Fargo, ND, for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] Robin Pratt appealed from a summary judgment dismissing his claim for damages against Richard Altendorf for breach of a contract to provide aerial spraying of fungicide on Pratt's growing crops. We hold the notification requirements under N.D.C.C. § 4-35-21.1(1) do not apply to Pratt's action against Altendorf, and we reverse and remand for a trial on the merits.

I

[¶ 2] Altendorf, doing business as Northwood...

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