Service Oil, Inc. v. Gjestvang

Docket Number20130366
Decision Date30 March 2015

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20 cases
  • Wilkinson v. Bd. of Univ. & Sch. Lands of State
    • United States
    • North Dakota Supreme Court
    • November 10, 2022
    ...are reviewed under the clearly erroneous standard of review, and its conclusions of law are fully reviewable. Serv. Oil, Inc. v. Gjestvang , 2015 ND 77, ¶ 12, 861 N.W.2d 490. A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if there is no evidence to ......
  • Metro Sales, Inc. v. Core Consulting Grp., LLC
    • United States
    • U.S. District Court — District of Minnesota
    • July 26, 2017
    ...flowing from the breach." Id. The burden rests on the party who has asserted a breach-of-contract claim. Serv. Oil, Inc. v. Gjestvang , 2015 ND 77, ¶ 15, 861 N.W.2d 490, 496. Construing a written contract is generally a question of law. Welch Const. , 2016 ND 70, ¶ 6, 877 N.W.2d at 294. Con......
  • Phi Fin. Servs., Inc. v. Johnston Law Office, P.C.
    • United States
    • North Dakota Supreme Court
    • January 23, 2020
    ...the harm sustained; and (5) actual damages to the party whose relationship or expectancy was disrupted."See also Serv. Oil, Inc. v. Gjestvang , 2015 ND 77, ¶ 40, 861 N.W.2d 490. This Court further held "the plaintiff must establish that the interfering conduct was independently tortious or ......
  • Ahlgren v. Morrison (In re MCM, Inc.)
    • United States
    • U.S. Bankruptcy Court — District of North Dakota
    • November 5, 2019
    ...BAP 1999) ). Under North Dakota law, a breach of contract is "the nonperformance of a contractual duty when due." Serv. Oil, Inc. v. Gjestvang, 2015 ND 77, ¶ 15, 861 N.W.2d 490. A cause of action for breach of contract requires " ‘(1) the existence of a contract; (2) breach of the contract;......
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