[Go to Documents] | Filed Nov. 5, 1992 |
Civil No. 910461
Appeal from the District Court for Stark County, Southwest Judicial District, the Honorable Allan L. Schmalenberger, Judge.
AFFIRMED.
Opinion of the Court by Ralph J. Erickstad, Chief Justice.
Thomas M. Disselhorst (argued), P.O. Box 2463, Bismarck, ND 58502, for plaintiff and appellant. Appearance by Ernest E. Klem.
Mackoff, Kellogg, Kirby & Kloster, PC, P.O. Box 1097, Dickinson, ND 58602-1097, for defendant and appellee; argued by John L. Sherman.
Klem v. Wolfgram
Erickstad, Chief Justice.
Ernest E. Klem appeals from a district court judgment dismissing his action against Russell Wolfgram for conversion and lost rent from real property. The trial court found that, in settlement of their claims to the property, Klem and Wolfgram had entered into an accord and satisfaction. The trial court also awarded Klem $ 600 which Wolfgram had received as rent for billboards on the property after they entered into the accord and satisfaction. We affirm under Rule 35.1(a)(2), N.D.R.App.P.
| Ralph J. Erickstad, C.J. Gerald W. VandeWalle Beryl J. Levine Herbert L. Meschke J. Philip Johnson |