Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Underwood Farmers Elevator v. Leidholm

North Dakota Supreme Court
460 N.W.2d 711 (1990)


Ron Leidholm (defendant) contracted to supply 25,000 bushels of oats to Underwood Farmers Elevator (the Elevator) (plaintiff) at $1.50 per bushel. Leidholm eventually informed the Elevator that drought conditions prevented delivery of the oats. The Elevator refused Leidholm’s request to “buy out” the contract [by paying the difference between the contract price and the existing market price of $1.53 per bushel]. A month later, the Elevator allowed Leidholm to buy out the contract, but by that point, the market price was $2.67 per bushel. Thus, what would have been a $750 debt at the time of Leidholm’s initial request ended up as a $29,750 liability. At the Elevator’s request, Leidholm signed a confession of judgment in the amount of $29,750 plus 12 percent interest. Leidholm later claimed that the Elevator manager called the confession of judgment a mere formality necessary for accounting purposes and promised to work out repayment terms reflecting a reduced liability. Five months later, judgment was entered on the confession of judgment, and the Elevator sought to collect. Leidholm’s motion to vacate the judgment was denied by a North Dakota state court without a hearing. Leidholm appealed.

Rule of Law


Holding and Reasoning (Vande Walle, J.)

Dissent (Levine, J.)

What to do next…

  1. 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 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. 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. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial