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Fred A. Motschman, Jr v. Bridgepoint Mineral Acquisition Fund

March 22, 2011

FRED A. MOTSCHMAN, JR.,
PLAINTIFF AND APPELLANT
v.
BRIDGEPOINT MINERAL ACQUISITION FUND, LLC,
DEFENDANT AND APPELLEE



Appeal from the District Court of Dunn County, Southwest Judicial District, the Honorable Zane Anderson, Judge.

The opinion of the court was delivered by: Kapsner, Justice.

N.D. Supreme Court

Motschman v. Bridgepoint,

2011 ND 46

This opinion is subject to petition for rehearing. [Go to Documents]

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AFFIRMED.

Opinion of the Court by Kapsner, Justice.

Motschman v. Bridgepoint Mineral Acquisition Fund

No. 20100158

[¶1] Fred Motschman, Jr., appealed from a district court summary judgment dismissing his action against Bridgepoint Mineral Acquisition Fund, L.L.C. ("Bridgepoint"), which sought a declaration that no valid contract existed between the parties or, alternatively, sought rescission of the contract. Motschman also appealed from an order denying his post-judgment motion for reconsideration. We affirm, concluding Motschman failed to properly raise the statute of frauds in the district court and the district court did not err in concluding that Motschman was not entitled to rescind the contract.

I

[¶2] In October 2008, Bridgepoint sent a letter to Motschman offering to purchase mineral rights Motschman owned in Dunn County, North Dakota, for $600 per acre. After Motschman responded to the letter and expressed an interest in selling his mineral rights, Bridgepoint sent a second letter to Motschman listing the legal description of the property, the acreage involved, and the purchase price of $63,996, representing $600 per acre for Motschman's 106.66 mineral acres. Bridgepoint enclosed a mineral deed for Motschman's signature and a sight draft payable to Motschman for the full purchase price. The letter further provided that, if the documents met with Motschman's approval, he should sign the deed in the presence of a notary public and return it to Bridgepoint. The letter further advised that Motschman could either return the sight draft to Bridgepoint for payment or deposit it with his bank for collection. Motschman signed the deed before a notary public and returned it to Bridgepoint. It is unclear whether Motschman returned the sight draft to Bridgepoint or kept it.

[ΒΆ3] Bridgepoint subsequently discovered there was a potential discrepancy with Motschman's name as it appeared on the mineral deed, so Bridgepoint sent a revised mineral deed for Motschman's signature. Motschman again signed the deed before a notary public and returned it to Bridgepoint. Bridgepoint then ...


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