Obert C. Teigen

The case involved a dispute between Ellendale Farmers Union Cooperative Association, which sold pig feed, and Newton E. Davis, a hog raiser who purchased the feed. The Cooperative sued Davis for $2,150.89 in unpaid goods sold between 1968 and 1970; Davis admitted the debt but counterclaimed for $2,490 in damages, alleging breach of warranty because the feed contained excessive salt that poisoned and killed 32 of his 90 young pigs while stunting the rest. The trial court ruled for the Cooperative on its claim and for Davis on the counterclaim in the amount of $1,310 as an offset, resulting in a net judgment of $840.89 for the Cooperative. On appeal, the North Dakota Supreme Court affirmed, holding that the evidence was sufficient to support both liability for breach of warranty and the amount of damages awarded, and that the trial court did not err in amending its findings of fact under Rule 52(b) without changing the judgment amount.

business & regulatoryproceduretorts & liability

This case involved an appeal by a 14-year-old boy injured in a bicycle-automobile collision and his father from a district court judgment dismissing their personal injury claims against the car driver, Sandra Kling, and her employers. The plaintiffs alleged negligence by Kling in passing the boys, who were riding double on a modified bicycle, while the defendants raised defenses including contributory negligence and joint enterprise between the boys. The North Dakota Supreme Court reversed the judgment and remanded for a new trial, holding that the trial court erred in submitting the joint enterprise issue to the jury and in related instructions on imputing negligence, while also addressing errors in evidentiary rulings and instructions on speed, contributory negligence, and last clear chance. The court clarified that a passenger's own contributory negligence, not the driver's, generally bars recovery unless a joint enterprise exists, and found no basis for certain other claimed errors.

torts & liabilityprocedure

The case involved a wrongful death lawsuit brought by Olheiser against Annco, Inc., alleging that negligence by Annco's crane operator proximately caused the death of Olheiser's son, an employee of general contractor Rolling Construction Company, while Annco performed subcontracted work on the same project. The trial court granted summary judgment dismissing the complaint, ruling that Annco was immune from suit under North Dakota's workers' compensation statutes (Sections 65-01-02(5)(c) and 65-01-08). On appeal, the court reversed, holding that the statutes do not provide such immunity to a subcontractor when both the general contractor and subcontractor maintain workers' compensation coverage on their own employees, as established in the recent precedent Boettner v. Twin City Construction Co.; the court found the statutes clear that Annco's employee was not deemed a co-employee of the decedent under these facts.

torts & liabilitylabor & employment

The case involved a teacher suing a school board for breach of an alleged renewed teaching contract after the board failed to notify of non-renewal. The trial court awarded damages to the teacher, but the Supreme Court of North Dakota reversed. The court first addressed jurisdiction, holding that the trial court had inherent power to vacate and reinstate the judgment, making the appeal timely. On the merits, the court reasoned that although the board's failure to give non-renewal notice constituted an offer to renew, the teacher did not provide the required written acceptance by May 1, relieving the board of any continuing contract obligation under state law.

labor & employmentprocedure

The case concerned a dispute between homeowners (the Dittmers) and a contractor (Nokleberg) over the construction of a dwelling on the plaintiffs' farm under an oral contract where the contractor provided labor and the owners supplied materials. The plaintiffs sued for damages due to alleged defects in workmanship, claiming failure to substantially perform, while the defendant counterclaimed for the unpaid contract balance plus extras via a mechanic's lien. The trial court found the contractor had not substantially performed, awarded the plaintiffs damages for defects attributable to him, and denied the counterclaim. On appeal, the court held that the contractor had substantially performed despite some defects for which he bore responsibility, allowing recovery on the counterclaim offset by the plaintiffs' damages, resulting in a net judgment for the contractor.

propertybusiness & regulatory

This case concerns eligibility for adjusted compensation payments under North Dakota's Vietnam Conflict Veterans’ Adjusted Compensation Act, specifically the validity of a regulation by the adjutant general and the interpretation of the statutory definition of 'resident' for veterans who had extended periods of continuous active duty. The plaintiffs, representing a class of veterans, sought payment of the bonus, challenging restrictions that excluded those on continuous active duty for fifteen or more years immediately before August 5, 1964, without establishing a North Dakota abode. The court reversed the trial court's judgment, holding that the statute's language is clear and unambiguous, that the adjutant general's regulation requiring separation from such duty is consistent with the law, and that the fifteen-year limitation applies broadly rather than being limited by ejusdem generis to specific residency categories. The decision relies on legislative intent, prior similar acts for World War II and Korean conflict veterans, and the presumption that the legislature adopted the established administrative construction.

civil rightsfederal power