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B.J. KADRMAS, INC. v. OXBOW ENERGY, LLC

No. 20060137.

727 N.W.2d 270 (2007)

2007 ND 12

B.J. KADRMAS, INC., Plaintiff and Appellee v. OXBOW ENERGY, LLC, Defendant and Appellant.

Supreme Court of North Dakota.

February 1, 2007.

Attorney(s) appearing for the Case

Gary D. Ramsey, Greenwood & Ramsey, PLLP, Dickinson, ND, for plaintiff and appellee.

Timothy A. Priebe (argued) and Jennifer Grosz (on brief), Mackoff, Kellogg, Kirby & Kloster, P.C., Dickinson, ND, for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] Oxbow Energy, LLC, appeals from a district court judgment ordering it to pay for services under an implied contract with B.J. Kadrmas, Inc. Concluding that the facts and surrounding circumstances, as well as the district court's resolution of conflicting testimony, support the conclusion that the parties mutually intended to form a binding legal obligation, we affirm.

I

[¶ 2] At trial, Robert Angerer of Oil For...

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