Collection Specialist Int'l v. McLaughlin Const. Co.
Case Date: 02/09/2009
Docket No: 20080241&20080242
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Collection Specialist Int'l v. McLaughlin Const. Co.Nos. 20080241 & 20080242 Per Curiam. [¶1] Asplin Excavating, Inc. appealed from a district court judgment in favor of McLaughlin Construction Co., Inc. for $3,183.72. Asplin Excavating, Inc. argues the district court erred in finding: (1) the parties entered into an enforceable contract; (2) Asplin Excavating, Inc. did not pay McLaughlin Construction, Inc. the full contract price; and (3) McLaughlin Construction, Inc.'s claim was not barred by assent. The district court's findings of fact were not clearly erroneous, and we affirm under N.D.R.App.P. 35.1(a)(2). [¶2] Gerald W. VandeWalle, C.J. [¶3] The Honorable Bruce Romanick, D.J., and the Honorable William Hodny, S.J., sitting in place of Kapsner, J., and Crothers, J., disqualified. |