Swenson v. Mahlum

Citations

• 2019 ND 144
• 927 N.W.2d 850

Syllabus

Order and judgment dismissing plaintiff's claims with prejudice and defendant's third-party claims without prejudice was appealable because plaintiff's claims were adjudicated and third-party claims were dependent on plaintiff's claims. The elements for a prima facie case for breach of contract are: (1) the existence of a contract (2) breach of the contract and (3) damages which flow from the breach. Statutory protections for people assisting or dealing with a conservator for value in a transaction do not apply to transactions between two third-parties. The general rule in the case of a breach of contract is that the measure of damages is the amount which will compensate the injured person for the loss which a fulfillment of the contract would have prevented or the breach of the contract now requires.