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  5. 732 N.W.2d 393 (2007)
 

D.G.L. TRADING CORP. v. REIS

No. 20070052.

732 N.W.2d 393 (2007)

2007 ND 88

D.G.L. TRADING CORPORATION, Plaintiff and Appellant v. Jeffrey REIS, Defendant and Appellee.

Supreme Court of North Dakota.

June 7, 2007.

Attorney(s) appearing for the Case

Dennis William Lindquist, Mandan, ND, for plaintiff and appellant.

Thomas F. Murtha, Murtha Law Office, Dickinson, ND, for defendant and appellee.

CROTHERS, Justice.

[¶ 1] D.G.L. Trading appeals the district court judgment finding Jeffrey Reis not liable for the diamond he was returning and the $7,000 cash payment he testified he shipped to D.G.L. via FedEx. The district court did not apply N.D.C.C. §§ 41-02-43 (U.C.C. § 2-326) and 41-02-44 (U.C.C. § 2-327) and did not resolve conflicts in the evidence to determine whether the parties agreed to alter the assignment of the risk of loss...

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