Welch Construction & Excavating, LLC v. Duong

Docket Number20150197
Decision Date18 March 2016

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7 cases
  • Metro Sales, Inc. v. Core Consulting Grp., LLC
    • United States
    • U.S. District Court — District of Minnesota
    • July 26, 2017
    ...North Dakota law, "[a] breach of contract is the nonperformance of a contractual duty when it is due." Welch Const. & Excavating, LLC v. Duong , 2016 ND 70, ¶ 5, 877 N.W.2d 292, 294 (quoting WFND, LLC v. Fargo Marc, LLC , 2007 ND 67, ¶ 13, 730 N.W.2d 841, 848 ). The following three elements......
  • Trosen v. Trosen
    • United States
    • North Dakota Supreme Court
    • December 8, 2022
    ...prior to April 1. [¶29] The nonperformance of a contractual duty when it is due is a breach of contract. Welch Constr. & Excavating, LLC v. Duong , 2016 ND 70, ¶ 5, 877 N.W.2d 292. A party asserting a breach of contract must prove the existence of a contract, a breach of the contract, and d......
  • Behle v. Darren Harr Representative of the Estate
    • United States
    • North Dakota Supreme Court
    • October 28, 2021
    ...is due. " Good Bird v. Twin Buttes Sch. Dist. , 2007 ND 103, ¶ 9, 733 N.W.2d 601 (emphasis added); see also Welch Constr. & Excavating, LLC v. Duong , 2016 ND 70, ¶ 5, 877 N.W.2d 292 ("A breach of contract is the nonperformance of a contractual duty when it is due."). [¶12] In this case, Be......
  • Tergesen v. Nelson Homes, Inc.
    • United States
    • North Dakota Supreme Court
    • January 6, 2022
    ...a contract is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous. Welch Constr. & Excavating, LLC v. Duong , 2016 ND 70, ¶ 5, 877 N.W.2d 292. [¶10] "The language of a contract is to govern its interpretation if the language is clear and explicit and does ......
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