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Rosenberg v. Son, Inc.

North Dakota Supreme Court
491 N.W.2d 71 (1992)


Mary Pratt (defendant) purchased a Dairy Queen from the Rosenbergs (plaintiffs). Pratt executed an assignment agreement that assigned her rights and delegated her duties under the sales contract to Son, Inc. (Son) (defendant). The Rosenbergs signed the assignment agreement. After Pratt executed the assignment, the Dairy Queen was moved to another location. Son then assigned the sales contract to Merit, Corporation (Merit). Merit failed to pay the remaining balance on the sales contract and filed for bankruptcy. The Rosenbergs sued Son and Pratt for the outstanding amount under the sales contract. The trial court granted summary judgment in favor of Son and Pratt. The Rosenbergs appealed.

Rule of Law


Holding and Reasoning (Erickstad, J.)

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