Schipper Construction, Inc. v. American Crystal Sugar Company

Summary

The Supreme Court of North Dakota affirmed summary judgment dismissing Schipper Construction's quantum meruit claim based on rescission at law of its contracts with American Crystal Sugar Company. The court held that Schipper failed to present evidence that it gave American clear, unambiguous, and unequivocal notice of rescission as required by N.D.C.C. § 9-09-04. The court affirmed an award of $45,601.63, plus prejudgment interest and costs, on Schipper's contract-related claim.

Holdings

1. Summary judgment dismissal was proper because Schipper failed to present evidence raising a genuine issue of material fact that it had given American notice of rescission, a prerequisite to maintaining an action at law based on rescission.
2. Neither Schipper's January 11, 2000 letter nor its February 20, 2001 letter conveyed a clear, unambiguous, and unequivocal intention to rescind the contracts.

Questions Presented

1. Whether the district court properly granted summary judgment dismissing Schipper's quantum meruit claim based on legal rescission of the contracts.
2. Whether Schipper's two letters constituted clear, unambiguous, and unequivocal notice of rescission sufficient to satisfy N.D.C.C. § 9-09-04.

Disposition

affirmed