Engwicht v. Lako

Filed Nov. 26, 2004
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2004 ND 219

Richard A. Engwicht III, Plaintiff and Appellant
v.
Alan J. Lako dba Lako Drilling, Defendant and Appellee

No. 20040079

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Cynthia Rothe-Seeger, Judge.
AFFIRMED.
Per Curiam.
Jay A. Schmitz, 511 2nd Avenue S.E., Jamestown, ND 58401, for plaintiff and appellant.
Monte L. Rogneby (argued) and Christel M. Bender (on brief), Vogel Law Firm, P.O. Box 2097, Bismarck, ND 58502-2097, for defendant and appellee.

Engwicht v. Lako
No. 20040079

Per Curiam.

[¶1] Richard Engwicht appealed from a judgment in which the district court judge, sitting as the trier of fact, interpreted an oral contract for well-drilling services in favor of Alan Lako. Engwicht maintains the district court erred in its interpretation of the parties' oral contract and believes the district court's findings of fact are clearly erroneous. Engwicht argues the parties contracted for a tangible product, a completed artesian well, rather than simply contracting for drilling services. Engwicht points to the parties' mutual testimony and conduct in performing their obligations to support his contention. After reviewing the entire record, we conclude the district court's findings of fact are not clearly erroneous and we affirm the judgment 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
Donald L. Jorgensen, D.J.

[¶3] The Honorable Donald L. Jorgensen, D. J., sitting in place of Kapsner, J., disqualified.