Ferguson v. Langley
Case Date: 11/08/1988
Docket No: 880159
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Ferguson v. LangleyCivil No. 880159 VandeWalle, Justice. John N. Ferguson appealed from a district court judgment dismissing his action seeking subrogation and restitution or other equitable relief from Byron Langley. If both parties to a transaction are equally guilty of wrongdoing or inequitable conduct, the equitable principle of "in pari delicto" leaves those parties in the same position. Section 31-11-05(15), N.D.C.C.; see Burlington Northern, Inc. v. Hall, 322 N.W.2d 233 (N.D. 1982) [in a quiet-title action where laches was asserted as a bar to the action, neither party demonstrated an entitlement to any greater equitable considerations than the other party]; Azar v. Azar, 146 N.W.2d 148 (N.D.1966) [in an equitable property division, a wife who assented to and encouraged husband's gambling cannot seriously claim she was injured thereby]; see also, 27 Am.Jur.2d, Equity § 141 (1966). The judgment is affirmed pursuant to Rule 35.1(a)(2) and (4), N.D.R.App.P. Gerald W. VandeWalle Pederson, S.J., sitting in place of Meschke, J., disqualified.
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