North Dakota Supreme Court
Northstar Center v. Lukenbill Family Partnership
November 21, 20242024 ND 212
Summary
The court held that summary judgment was improper on Northstar’s breach of contract claim because the promissory note suspended, rather than satisfied, Northstar’s payment obligation, and factual issues remained concerning the breach and Lukenbill’s later acceptance of payment. Summary judgment was also improper on Northstar’s intentional interference claim because material disputes existed concerning Tundra’s knowledge, intent, instigation, and justification. The court further reversed summary judgment on Lukenbill’s indemnification claim because factual issues remained regarding Tundra’s equitable estoppel defense, while affirming dismissal of Tundra’s breach of warranty claim because Tundra waived the relevant appellate issue by failing to brief it.