Reishus v. Thompson

Olaf Reishus, Plaintiff and Appellant
v.
James Thompson, Defendant and Appellee

No. 20040007

Appeal from the District Court of Renville County, Northeast Judicial District, the Honorable Lester Ketterling, Judge.
AFFIRMED.
Per Curiam.
John C. Skowronek of Lamont and Skowronek, P.O. Box 729, Minot, N.D. 58702-0729, for plaintiff and appellant; submitted on brief.
Mark R. Hays and Scott M. Knudsvig of Pringle & Herigstad, P.C., P.O. Box 1000, Minot, N.D. 58702-1000, for defendant and appellee; submitted on brief.

Reishus v. Thompson
No. 20040007

Per Curiam.

[¶1] Olaf Reishus appeals from the trial court's judgment dismissing his negligence action against James Thompson relating to custom combining services. On appeal, Reishus argues that the trial court's findings of fact were clearly erroneous. According to Reishus, the trial court erred in determining the oral contract between Reishus and Thompson was only for harvesting and hauling Reishus's flax, there was no meeting of the minds regarding Thompson's obligation to store the flax, and Thompson performed his services in a reasonable and prudent manner. We affirm under Rule 35.1(a)(2), N.D.R.App.P.

[¶2]Gerald W. VandeWalle, C.J.
William A. Neumann
Mary Muehlen Maring
Carol Ronning Kapsner
Dale V. Sandstrom