Helgeson v. Locken
Decision Date | 22 October 1964 |
Docket Number | No. 8157.,8157. |
Citation | 130 N.W.2d 573 |
Parties | Andrew HELGESON and Agnes C. Helgeson, Plaintiffs and Respondents, v. Engvald LOCKEN, Defendant and Appellant. |
Court | North Dakota Supreme Court |
Palda, Palda, Peterson & Anderson, Minot, for appellant.
Joseph P. Stevens, Minot, for respondents.
Engvald Locken, as defendant, appeals from the judgment which was rendered on the verdict of the jury in favor of the plaintiffs and from the order denying the motion for judgment notwithstanding the verdict or, in the alternative, for a new trial.
In their complaint the plaintiffs assert two causes of action. For their first cause of action they allege facts in support of their contention that they have suffered damages as a result of the unlawful and improper termination by Mr. Locken of a farm rental agreement. They conclude their first cause of action as follows:
In the second cause of action they allege facts to support their contention that they are entitled to exemplary damages for the manner in which they were evicted from the premises by Mr. Locken on the termination of the contract. They conclude their second cause of action with the following:
"That by reason of the aforesaid, the plaintiffs pray judgment from the defendant for exemplary damages in the sum of Ten Thousand ($10,000.00) Dollars."
To this complaint Mr. Locken filed an answer denying the major allegations of the complaint and asserting a counterclaim for damages allegedly suffered by him.
Both sides submitted testimony to support their allegations, and after each side had rested, the court instructed the jury. The instructions pertinent to the issue on appeal were to the effect that treble damages allowable for forcibly ejecting or excluding a person from the possession of real property are punitive damages.
In these instructions the court apparently had the provisions of Section 32-03-29, N.D.C.C., in mind:
In line with the court's thinking that the provisions of said section involved punitive damages, the court submitted to the jury three forms of verdict. The first form was entitled "Verdict for Plaintiffs for Compensatory Damages Only"; the second was entitled "Verdict for Plaintiffs for Treble Damages"; and the third was entitled "Verdict of Dismissal."
No challenge was made to these instructions nor to the jury forms which were made part of the instructions. The jury returned a verdict on the form entitled "Verdict for Plaintiffs for Compensatory Damages Only." The material portion of the verdict read as follows:
"We, the jury, duly impaneled and sworn in the above entitled action, do find in favor of the plaintiffs, Andrew Helgeson and Agnes C. Helgeson, and against the defendant, Engvald Locken, and we do hereby assess plaintiffs' damages in their favor and against the defendant in the total sum of Six Thousand Five Hundred Thirteen and 71/100 Dollars ($6,513.71) and we do further assess defendant Locken's damages against the plaintiffs in the total sum of One Thousand Five Hundred Forty-Eight Dollars ($1,548.00), and subtracting defendant Locken's damages from plaintiffs' damages, we find the difference or balance to be Four Thousand Nine Hundred Sixty-five and 71/100 Dollars ($4,965.71) in which amount we return a verdict for compensatory damages in favor of the plaintiffs and against the defendant."
The material portions of the verdict form entitled "Verdict for Plaintiffs for Treble Damages," which form was not used by the jury, read as follows:
"We, the jury, duly impaneled and sworn in the above entitled action, do find in favor of the plaintiffs, Andrew Helgeson and Agnes C. Helgeson, and against the defendant, Engvald Locken, and do hereby assess plaintiffs' actual or compensatory damages in their favor and against the defendant in the total sum of ____ Dollars (), and we do further assess defendant Locken's actual or compensatory damages in his favor and against the plaintiffs in the total sum of ____ Dollars (), and subtracting defendant Locken's damages from the plaintiffs' damages, we find the difference and balance to be ____ Dollars () and three times said balance is ____ Dollars (), in which treble sum we return a verdict for treble damages in favor of the plaintiffs and against the defendant."
Instructions not objected to are the settled law of the case. Chicago, M., St. P. & P. R. Co. v. Johnston's Fuel Liners, N.D., 122 N.W.2d 140; Montana-Dakota Utilities Co. v. Hoerner, N.D., 81 N.W.2d 648.
As the court in its instructions considered treble damages to be punitive damages and as these instructions were not challenged, they are the settled law of the case and prohibit recovery for treble damages unless punitive damages were found by the jury to be proper. Here the jury returned a verdict for compensatory damages only. The verdict, therefore, can stand only if supported by proof of actual damages. Mr. Locken contends that this verdict could not include items of compensatory damages not pleaded, nor could it exceed the amount of compensatory damages requested in the prayer for relief, unless the pleadings and the prayer for relief were amended to conform to the evidence. No motion was made to amend the pleadings to...
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