Great West Casualty Company v. Butler Machinery Company

Citations

• 2019 ND 200

Syllabus

A motion to dismiss for failure to state a claim is based on pleadings, and if matters outside the pleadings are presented to and not excluded by the district court, motion must be treated as a motion for summary judgment. The district court erred in granting summary judgment when it made findings on the disputed fact of whether privity existed between parties.