Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
16 North Dakota opinions name it 1 courts 1995–2023 2 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Pioneer Fuels, Inc. v. Montana-Dakota Utilities Co.green2 sentences1997Under Pioneer Fuels and Delzer III, a deceit claim falls as a matter of law when the jury finds both breach of contract and deceit on the same evidence. [United Bank] shall be granted a judgment as a matter of law and [Del-zers’] deceit and punitive damages claims shall be dismissed. [¶ 8] We addressed punitive damages and tort arising out of a breach of contract in Pioneer Fuels, 474 N.W.2d at 709-10 (citations omitted): Exemplary damages are not ordinarily recoverable in actions arising out of a breach of contract. 1997Under Pioneer Fuels and Delzer III , a deceit claim falls as a matter of law when the jury finds both breach of contract and deceit on the same evidence. [United Bank] shall be granted a judgment as a matter of law and [Delzers'] deceit and punitive damages claims shall be dismissed. [¶8] We addressed punitive damages and tort arising out of a breach of contract in Pioneer Fuels , 474 N.W.2d at 709-10 (citations omitted): Exemplary damages are not ordinarily recoverable in actions arising out of a breach of contract. | 5 | 7 |
Delzer v. United Bank of Bismarckgreen2 sentences1997In Delzer v. United Bank, 527 N.W.2d 650 (N.D.1995) (Delzer III), we reversed the judgment notwithstanding on the deceit claim, affirmed the grant of a new trial, and remanded for a new trial on both the contract and the deceit claims. 1997The deceit claim was premised on the assertion that United Bank promised to loan Delzers money to purchase cattle and never intended to perform its promise. "[A] promise made without any intention of performing it, can constitute either deceit if there is no contract between the parties, or fraud if there is a contract and one party’s apparent consent to the contract is obtained as a result of that promise.” Delzer v. United Bank, 527 N.W.2d 650 , 656 n. 4 (N.D.1995) (D elzer III). | 2 | 5 |
Bourdon's, Inc. v. Ecin Industries, Inc.green2 sentences2011To allow equitable relief but to deny damages for deceit would be to create a distinction without a substantive difference.” Munson, 387 A.2d at 1176-77 . [¶ 44] Similarly, the Rhode Island Supreme Court concluded in Bourdon’s, Inc. v. Ecin Indus., Inc. that the invalidity of a contract because of the statute of frauds did not preclude assertion of a deceit claim. 704 A.2d 747, 749 (R.I.1997). 2011To allow equitable relief but to deny damages for deceit would be to create a distinction without a substantive difference.” Munson , 387 A.2d at 1176-77 . [¶44] Similarly, the Rhode Island Supreme Court concluded in Bourdon’s, Inc. v. Ecin Indus., Inc. that the invalidity of a contract because of the statute of frauds did not preclude assertion of a deceit claim. 704 A.2d 747, 749 (R.I. 1997). | 2 | 2 |
Gunderson v. Havana-Clyde Mining Co.green2 sentences2011There is a vast difference between the actions, and this difference must be constantly kept in mind in considering this case.” Gunderson v. Havano-Clyde Mining Co., 22 N.D. 329, 332 , 133 N.W. 554, 555 (1911). [¶ 31] Here, Irish Oil seeks to add a deceit claim to its complaint alleging: “Gerald Riemer had no intention of honoring his oral commitment to modify the terms of the Bonus Agreement with respect to extending the date for the first payment until June 15, 2008 and Plaintiff had no means of discovering the fact that Gerald Riemer was concealing his true intention that he did not intend t 2011There is a vast difference between the actions, and this difference must be constantly kept in mind in considering this case.” Gunderson v. Havano-Clyde Mining Co., 22 N.D. 329, 332 , 133 N.W. 554, 555 (1911). [¶ 31] Here, Irish Oil seeks to add a deceit claim to its complaint alleging: “Gerald Riemer had no intention of honoring his oral commitment to modify the terms of the Bonus Agreement with respect to extending the date for the first payment until June 15, 2008 and Plaintiff had no means of discovering the fact that Gerald Riemer was concealing his true intention that he did not intend t | 2 | 2 |
Burgdorfer v. Thielemanngreen2 sentences2011Id. at 1125-26. 2011Id. at 1125-26. | 2 | 2 |
In Re Faimangreen2 sentences2016See Langenes v. Bullinger , 328 N.W.2d 241, 246 (N.D. 1982) and In re Faiman , 70 B.R. 74 , (Bankr.D.N.D.1987) (damages normally recoverable in breach of contact action are not recoverable on a contract for deed cancellation due to anti-deficiency laws in N.D.C.C. ch. 32-19). [¶37] As it pertains to this writing, the Trust has not asserted a deceit claim; rather it seeks money damages for Holverson’s breach of the contract. 2016See Langenes v. Bullinger, 328 N.W.2d 241, 246 (N.D.1982) and In re Faiman, 70 B.R. 74 , (Bankr.D.N.D.1987) (damages normally recoverable in breach of contact action are not recoverable on a contract for deed cancellation due to anti-deficiency laws in N.D.C.C. ch. 32-19). [¶ 37] As it pertains to this writing, the Trust has not -asserted a deceit claim; rather it seeks money damages for Holver-son’s breach of the contract. | 1 | 1 |
Langenes v. Bullingergreen2 sentences2016See Langenes v. Bullinger , 328 N.W.2d 241, 246 (N.D. 1982) and In re Faiman , 70 B.R. 74 , (Bankr.D.N.D.1987) (damages normally recoverable in breach of contact action are not recoverable on a contract for deed cancellation due to anti-deficiency laws in N.D.C.C. ch. 32-19). [¶37] As it pertains to this writing, the Trust has not asserted a deceit claim; rather it seeks money damages for Holverson’s breach of the contract. 2016See Langenes v. Bullinger, 328 N.W.2d 241, 246 (N.D.1982) and In re Faiman, 70 B.R. 74 , (Bankr.D.N.D.1987) (damages normally recoverable in breach of contact action are not recoverable on a contract for deed cancellation due to anti-deficiency laws in N.D.C.C. ch. 32-19). [¶ 37] As it pertains to this writing, the Trust has not -asserted a deceit claim; rather it seeks money damages for Holver-son’s breach of the contract. | 1 | 1 |
Kary v. Prudential Insurance Co. of Americagreen2 sentences2008Co. of America, 541 N.W.2d 703, 705 (N.D.1996) (considering claim for money damages under actual fraud statute). [¶ 89] Finally, before turning to disposition of this case, I anticipate someone arguing that allowing a beguiled party to affirm a fraud and maintain a breach of contract claim in the same action as a deceit claim is tantamount to allowing recovery for tortious breach of contract. 2008Co. of America, 541 N.W.2d 703, 705 (N.D.1996) (considering claim for money damages under actual fraud statute). [¶ 89] Finally, before turning to disposition of this case, I anticipate someone arguing that allowing a beguiled party to affirm a fraud and maintain a breach of contract claim in the same action as a deceit claim is tantamount to allowing recovery for tortious breach of contract. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Haugrud v. Craig
neutral
2 sentences2021To the extent Haugrud, 2017 ND 262, ¶ 14 , 903 N.W.2d 537 , suggests N.D.R.Civ.P. 8(a)(1) applies, we clarify that a deceit claim requires the same degree of specificity in pleadings as a claim for fraud 5 under N.D.R.Civ.P. 9(b).”). 2021To the extent Haugrud, 2017 ND 262, ¶ 14 , 903 N.W.2d 537 , suggests N.D.R.Civ.P. 8(a)(1) applies, we clarify that a deceit claim requires the same degree of specificity in pleadings as a claim for fraud 5 under N.D.R.Civ.P. 9(b).”). | 3 | 2019–2021 |
Munson v. Raudonis
green
2 sentences2011To allow equitable relief but to deny damages for deceit would be to create a distinction without a substantive difference.” Munson, 387 A.2d at 1176-77 . [¶ 44] Similarly, the Rhode Island Supreme Court concluded in Bourdon’s, Inc. v. Ecin Indus., Inc. that the invalidity of a contract because of the statute of frauds did not preclude assertion of a deceit claim. 704 A.2d 747, 749 (R.I.1997). 2011To allow equitable relief but to deny damages for deceit would be to create a distinction without a substantive difference.” Munson , 387 A.2d at 1176-77 . [¶44] Similarly, the Rhode Island Supreme Court concluded in Bourdon’s, Inc. v. Ecin Indus., Inc. that the invalidity of a contract because of the statute of frauds did not preclude assertion of a deceit claim. 704 A.2d 747, 749 (R.I. 1997). | 2 | 2011–2011 |
Bakke v. Magi-Touch Carpet One Floor & Home, Inc.
green
2 sentences2023The defendants argue that because the parties had a contractual relationship, the plaintiffs cannot assert both a breach of contract and a deceit claim, citing Bakke v. Magi-Touch Carpet One Floor & Home, Inc., 2018 ND 273, ¶ 20 , 920 N.W.2d 726 . 2023The defendants argue that because the parties had a contractual relationship, the plaintiffs cannot assert both a breach of contract and a deceit claim, citing Bakke v. Magi-Touch Carpet One Floor & Home, Inc., 2018 ND 273, ¶ 20 , 920 N.W.2d 726 . | 1 | 2023–2023 |
Schneider v. Schaaf
green
2 sentences2020Id. [¶13] In granting summary judgment in favor of AgCountry and dismissing the McDougalls’ deceit claim, the district court relied on Irish Oil & Gas, Inc. v. Reimer, 2011 ND 22 , 794 N.W.2d 715 , and concluded the statute of frauds precludes the deceit claim. 2020Id. [¶13] In granting summary judgment in favor of AgCountry and dismissing the McDougalls’ deceit claim, the district court relied on Irish Oil & Gas, Inc. v. Reimer, 2011 ND 22 , 794 N.W.2d 715 , and concluded the statute of frauds precludes the deceit claim. | 1 | 2020–2020 |
Oil v. Riemer
green
2 sentences2020Id. [¶13] In granting summary judgment in favor of AgCountry and dismissing the McDougalls’ deceit claim, the district court relied on Irish Oil & Gas, Inc. v. Reimer, 2011 ND 22 , 794 N.W.2d 715 , and concluded the statute of frauds precludes the deceit claim. 2020After extensive review of the decision in Irish Oil, and finding no subsequent cases which shed more light on this issue, this Court concludes, as a matter of law, [that] which would prevent a breach of contract claim by [Kent and Erica McDougall], should also bar [the McDougalls’] deceit claim, particularly as title to real property is involved. [¶14] In Irish Oil, 2011 ND 22, ¶¶ 2-6 , 794 N.W.2d 715 , an oil and gas lessee sued the lessors for breach of the leases, the lessee moved to amend its 5 complaint to add a deceit claim against one of the lessors related to an alleged oral agreement, | 1 | 2020–2020 |
Irish Oil & Gas, Inc. v. Riemer
green
2 sentences2020Id. [¶13] In granting summary judgment in favor of AgCountry and dismissing the McDougalls’ deceit claim, the district court relied on Irish Oil & Gas, Inc. v. Reimer, 2011 ND 22 , 794 N.W.2d 715 , and concluded the statute of frauds precludes the deceit claim. 2020After extensive review of the decision in Irish Oil, and finding no subsequent cases which shed more light on this issue, this Court concludes, as a matter of law, [that] which would prevent a breach of contract claim by [Kent and Erica McDougall], should also bar [the McDougalls’] deceit claim, particularly as title to real property is involved. [¶14] In Irish Oil, 2011 ND 22, ¶¶ 2-6 , 794 N.W.2d 715 , an oil and gas lessee sued the lessors for breach of the leases, the lessee moved to amend its 5 complaint to add a deceit claim against one of the lessors related to an alleged oral agreement, | 1 | 2020–2020 |
McColl Farms, LLC v. Pflaum
green
2 sentences2020IV [¶20] The McDougalls argue the district court erred by dismissing their unjust enrichment claim. [¶21] In McColl Farms, LLC v. Pflaum, 2013 ND 169, ¶ 18 , 837 N.W.2d 359 , we explained the doctrine of unjust enrichment: Unjust enrichment is a broad, equitable doctrine which rests upon quasi or constructive contracts implied by law to prevent a person from unjustly enriching himself at the expense of another. 2020IV [¶20] The McDougalls argue the district court erred by dismissing their unjust enrichment claim. [¶21] In McColl Farms, LLC v. Pflaum, 2013 ND 169, ¶ 18 , 837 N.W.2d 359 , we explained the doctrine of unjust enrichment: Unjust enrichment is a broad, equitable doctrine which rests upon quasi or constructive contracts implied by law to prevent a person from unjustly enriching himself at the expense of another. | 1 | 2020–2020 |
Erickson v. Brown
green
2 sentences2018Erickson , 2008 ND 57, ¶ 92 , 747 N.W.2d 34 . [¶52] In this case, under North Dakota law, instructing the jury on the deceit claims would not have been appropriate because the alleged tortious conduct did not exist independent of the alleged breach of contract. 2018Erickson , 2008 ND 57, ¶ 92 , 747 N.W.2d 34 . [¶52] In this case, under North Dakota law, instructing the jury on the deceit claims would not have been appropriate because the alleged tortious conduct did not exist independent of the alleged breach of contract. | 1 | 2018–2018 |
Okken v. Okken
green
1 sentence1995Okken v. Okken, supra. Using this more lenient standard of review, we conclude that the trial court did not act in an unreasonable, arbitrary, or unconscionable manner in granting a new trial on the deceit claim and therefore did not abuse its discretion. | 1 | 1995–1995 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.