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ENTZEL v. MORITZ SPORT AND MARINE

No. 20130157.

841 N.W.2d 774 (2014)

2014 ND 12

Laura Jean ENTZEL, Plaintiff, Appellant and Cross-Appellee v. MORITZ SPORT AND MARINE, Defendant, Appellee and Cross-Appellant.

Supreme Court of North Dakota.

January 17, 2014.

Attorney(s) appearing for the Case

Scott A. Hager, Bismarck, ND, for plaintiff, appellant and cross-appellee.

Sean O. Smith, Bismarck, ND, for defendant, appellee and cross-appellant.

KAPSNER, Justice.

[¶ 1] Laura Jean Entzel appeals a district court opinion awarding her a partial refund of her prepaid rental fee and a district court order denying her request for attorney fees. We reverse the district court judgment's award of a refund to Entzel, because we hold the force majeure clause of the parties' contract relieved Moritz Sport and Marine ("Moritz") of liability for nonperformance and allocated the risk of loss to Entzel. We affirm the...

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