From our private database of 22,300+ case briefs...
Delzer v. United Bank of Bismarck
North Dakota Supreme Court
559 N.W.2d 531 (1997)
Ray and Betty Jean Delzer (plaintiffs) entered into an oral agreement with United Bank of Bismarck (the Bank) (defendant) in which the Delzers pledged their ranch and other assets in exchange for a $300,000 loan. The Delzers executed a promissory note for an initial loan payment of $150,000. The Bank was then to provide an additional loan payment of $150,000 to the Delzers for the purchase of cattle. The Bank never advanced the additional amount. As a result, the Delzers were unable to pay their debts and lost their ranch when the holder of their first mortgage foreclosed. The Delzers filed suit against the Bank claiming breach of the oral contract and sought punitive damages. A jury held for the Delzers and awarded $538,000 for the Bank’s deceit and $3 million in exemplary damages. The Bank filed a motion for a judgment as a matter of law on the deceit claim which the trial court granted. The Delzers appealed.
Rule of Law
Holding and Reasoning (Meschke, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 516,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 516,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.