McDougall v. AgCountry Farm Credit Services

Citations

• 960 N.W.2d 792
• 2021 ND 98

Syllabus

The principle of law of the case requires that the same legal question previously determined on appeal will not be decided differently on a second appeal in the same case where the facts remain the same. A district court's findings of fact on unjust enrichment will not be reversed unless clearly erroneous. A third party's participation in a transaction between others through which a benefit is obtained is a fact to be considered by the court in determining whether a causal connection existed between an enrichment and impoverishment. Unjust enrichment is an alternative claim, and a legal claim which has yet to fail or succeed does not preclude a plaintiff from also asserting an unjust enrichment claim. A district court does not abuse its discretion in awarding costs for depositions taken in a prior case where use of those depositions prevented duplicative depositions and costs.