February 9, 2009
COLLECTION SPECIALIST INTERNATIONAL, INC., PLAINTIFF
MCLAUGHLIN CONSTRUCTION CO., DEFENDANT AND APPELLEE
MCLAUGHLIN CONSTRUCTION CO., PLAINTIFF AND APPELLEE
ASPLIN EXCAVATING, INC., A/K/A ASPLIN, INC., DEFENDANT AND APPELLANT
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Georgia Dawson, Judge.
[¶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., Mary Muehlen Maring, Dale V. Sandstrom, Bruce A. Romanick, D.J., William F. Hodny, S.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.
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