[Go to Documents] | Filed May 17, 1988 |
Fabricut, Inc., Plaintiff and Appellee
v.
Thomas C. Keeney, personally & d.b.a. Springcrest Drapery Center, Defendant and Appellant
v.
Clifton Rodenburg, Third Party Defendant
Civil No. 870383CA
Appeal from the County Court of Cass County, East Central Judicial District, the Honorable Donald J. Cooke, Judge.
AFFIRMED AND REMANDED.
Per Curiam.
Gackle, Johnson & Rodenburg, P.O. Box 374, Fargo, ND 58107, for plaintiff and appellee. Submitted on brief.
Thomas C. Keeney, pro se, 315 Broadway, Fargo, ND 58102.
Fabricut, Inc. v. Keeney
Per Curiam.
Thomas C. Keeney, appearing pro se, appeals from a summary judgment awarding the plaintiff, Fabricut, Inc., $710.09 which included interest, costs, and attorney fees in its action to collect a debt from Keeney and awarding the third-party defendant, Clifton C. Rodenburg, $350.00 in attorney fees. Keeney admitted that he owed Fabricut $541.09 for merchandise but claimed that he satisfied the debt when Fabricut's attorney, Rodenburg, refused to accept a "sight draft" as payment for the debt.
We affirm the summary judgment pursuant to Rule 35.1(a)(1), (6), and (7), N.D.R.App.P. and Federal Land Bank of St. Paul v. Brakke, 417 N.W.2d 380 (N.D. 1988). Pursuant to Rule 38, N.D.R.App.P., we award Fabricut double costs, as well as attorney fees in the amount of $150.00. See United Bank of Bismarck v. Young, 401 N.W.2d 517 (N.D. 1987). On remand, the trial court is directed to modify the judgment accordingly.
John O. Garaas, S.J., C.J.
Larry M. Hatch, D.J.
William M. Beede, D.J.