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SCHIPPER CONST. v. AMERICAN CRYSTAL SUGAR

No. 20080123.

758 N.W.2d 744 (2008)

2008 ND 226

SCHIPPER CONSTRUCTION, INC., Plaintiff and Appellant v. AMERICAN CRYSTAL SUGAR COMPANY, Defendant and Appellee.

Supreme Court of North Dakota.

December 16, 2008.

Attorney(s) appearing for the Case

Kip M. Kaler, Kaler Doeling Law Office, Fargo, N.D., for plaintiff and appellant.

David P. Bunde (argued) and Sten-Erik Hoidal (on brief), Fredrikson & Byron, P.A., Minneapolis, MN, and Wickham Corwin (on brief), Conmy Feste, Ltd., Fargo, N.D., for defendant and appellee.

CROTHERS, Justice.

[¶ 1] Schipper Construction, Inc. ("Schipper"), appeals from a judgment awarding it $68,106.66 from American Crystal Sugar Company ("American") and dismissing on summary judgment Schipper's quantum meruit claim based on a rescission at law of contracts against American for additional compensation for work performed. We conclude the district court did not err in granting summary judgment dismissal because Schipper failed to raise a genuine issue...

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