Swancy v. Tjon

[Go to Documents]Filed Feb. 25, 2004[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2004 ND 35

James M. Swancy, Plaintiff and Appellant
v.
Curtis Tjon, Park Co./ GMAC Real Estate d/b/a Park Co., Defendants and Appellees

No. 20030263

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Georgia Dawson, Judge.
AFFIRMED.
Per Curiam.
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.

Swancy v. Tjon
No. 20030263

Per Curiam.

[¶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