Three Aces Properties v. United Rentals

Docket Number20200032
Decision Date17 December 2020
Three Aces Properties LLC appealed, and United Rentals (North America), Inc., cross-appealed a judgment and orders denying their motions to amend the judgment. In 2017, Three Aces sued United Rentals for breach of contract and waste. Three Aces claimed United Rentals breached the lease by failing to pay rent after it vacated the property, failing to maintain and repair the parking area, and failing to maintain and repair the premises. Three Aces alleged United Rentals’ use of the premises...

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8 cases
  • Gen. Irrigation, Inc. v. Advanced Drainage Sys., Inc.
    • United States
    • U.S. District Court — District of North Dakota
    • February 24, 2022
    ...N.W.2d 726. "The nonperformance of a contractual duty when it is due is a breach of contract." Three Aces Properties LLC v. United Rentals (North America), Inc., 2020 ND 258, ¶ 10, 952 N.W.2d 64. Under North Dakota law, the language of a contract controls when such language is clear, explic......
  • City of Fargo v. Hofer
    • United States
    • North Dakota Supreme Court
    • December 17, 2020
    ... ... of one hundred eighty days and up to three years. In addition, the law enforcement officer ... [¶9] The Fourth Amendment of the United States Constitution and N.D. Const. art. I, § 8, ... ...
  • Dawson v. Jackson Nat'l Life Ins. Co.
    • United States
    • U.S. District Court — Northern District of Alabama
    • August 12, 2021
    ...952 N.W.2d 64, 69 (N.D. 2020) (citation omitted). The nonperformance of a contractual duty when it is due constitutes a breach of contract. Id. first element is not in dispute. As to the second element, Mrs. Dawson alleges in her amended complaint that JNL breached the policy when it refuse......
  • Tesoro Great Plains Gathering & Mktg., LLC v. Mountain Peak Builders, LLC
    • United States
    • North Dakota Supreme Court
    • June 3, 2021
    ...granted summary judgment is a question of law which we review de novo on the entire record." Three Aces Props. LLC v. United Rentals (N. Am.), Inc. , 2020 ND 258, ¶ 8, 952 N.W.2d 64 (quoting Feltman v. Gaustad , 2020 ND 89, ¶ 7, 942 N.W.2d 844 ). [¶7] Great Northern argues the district cour......
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