Mattco, Inc. v. Mandan Radio Ass'n, Inc.

2 Citing cases

  1. Evenson v. Hlebechuk

    305 N.W.2d 13 (N.D. 1981)   Cited 8 times

    A condition precedent cannot be used to contradict express terms of a written contract. Mattco, Inc. v. Mandan Radio Ass'n, Inc., 246 N.W.2d 222, 228 (N.D. 1976). It is also the established law in North Dakota that promissory notes may be subject to conditions precedent.

  2. Schneidt v. Absey Motors, Inc.

    248 N.W.2d 792 (N.D. 1976)   Cited 24 times
    In Schneidt v. Absey Motors, Inc., 248 N.W.2d 792, 799 (N.D. 1976), this court recognized that ยง 41-02-94, N.D.C.C. [2-715 (UCC)], limits damages for breach of a contract to those reasonably foreseeable in consequence of the breach.

    Since we will not set aside a finding of a trial court on an issue of fact unless the finding is clearly erroneous under Rule 52(a) of the North Dakota Rules of Civil Procedure, we decline to find in this instance that the trial court erred. Mattco, Inc. v. Mandan Radio Association, Inc., 246 N.W.2d 222 (N.D. 1976); Schwartzenberger v. Hunt Trust Estate, 244 N.W.2d 711 (N.D. 1976). From our analysis of the transcript, it appears that the trial court could have concluded that Mr. Halvorson, a representative of Tri-State, communicated the title problem to one of the officers of Absey Motors shortly after he was notified of the problem in August of 1973, and that Absey failed to do anything to defend Schneidt's title in accordance with the express written warranty of title.