Larson Latham Huettl v. Iversen

Citations

• 2023 ND 16

Syllabus

A party to a contract does not waive its contractual rights when its actions are expressly authorized by the terms of the contract. When a contract has but a single object and such object is wholly impossible of performance, the entire contract is void. The injured party has a duty to mitigate or minimize its damages and must protect itself if it can do so with reasonable exertion or at trifling expense, and can recover from the delinquent party only such damages as it could not, with reasonable effort, have avoided. Continued employment for a substantial period of time is sufficient consideration to support an employment agreement. A district court's decision on a motion to alter or amend judgment under N.D.R.Civ.P. 59(j) will not be reversed unless the court abused its discretion. Issues that were not properly raised before the district court will not be considered on appeal.