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EDWARD H. SCHWARTZ CONST., INC. v. DRIESSEN

No. 20050150.

709 N.W.2d 733 (2006)

2006 ND 15

EDWARD H. SCHWARTZ CONSTRUCTION, INC., Plaintiff and Appellee v. Garry DRIESSEN d/b/a A & G Construction Company, Defendant and Appellant.

Supreme Court of North Dakota.

January 31, 2006.

Attorney(s) appearing for the Case

Dann E. Greenwood, Greenwood & Ramsey, PLLP, Dickinson, ND, for plaintiff and appellee.

Ronald G. Schmidt, Schmidt, Schroyer, Moreno & Lee, P.C., Rapid City, SD, for defendant and appellant.

CROTHERS, Justice.

[¶ 1] Garry Driessen, doing business as A & G Construction Company, appeals from a judgment awarding Edward H. Schwartz Construction, Inc., $20,615, plus interest, for breach of an oral contract to provide aggregate at $2 per cubic yard for a road construction project. We conclude the district court did not clearly err in finding Driessen orally contracted with Schwartz Construction to provide aggregate for the project at $2 per cubic yard...

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