Opinion
No. 20030263
Filed February 25, 2004
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Georgia Dawson, Judge.
AFFIRMED.
Gene W. Doeling, Jr., Kaler Doeling Law Office, 111 Roberts Street, P.O. Box 423, Fargo, N.D. 58107-0423, for plaintiff and appellant.
Stacey E. Tjon, Solberg, Stewart, Miller Tjon, 1129 Fifth Avenue South, P.O. Box 1897, Fargo, N.D. 58107-1897, for defendants and appellees.
[¶ 1] James Swancy appeals from an East Central Judicial District Court judgment dismissing his tort claims with prejudice. Swancy brought these claims after purchasing a house from a seller who was represented by Park Co./GMAC Real Estate, doing business as Park Co., and its selling agent, Curtis Tjon. He claimed Tjon and Park Co. breached their duty by misrepresenting facts as to the type of foundation construction. Swancy argues the district court erred in finding the house was constructed with a poured concrete basement and in finding that no misrepresentation of fact was made as to the type of foundation construction. We affirm the judgment of the district court under N.D.R.App.P. 35.1(a)(2).
[¶ 2] Gerald W. VandeWalle, C.J.,
Dale V. Sandstrom,
William A. Neumann,
Mary Muehlen Maring,
Carol Ronning Kapsner.