Louis Tornabeni v. Cammie Wold, Roadrunner Hotshot & Services, LLC

Summary

The North Dakota Supreme Court affirmed a judgment awarding Louis Tornabeni damages against Chance Innis for breach of an oral contract and against Cammie Wold and Roadrunner Hotshot & Services, LLC, for unjust enrichment. The court held that the oral contract was enforceable, the unjust-enrichment findings and damages were not clearly erroneous, and Wold waived a defense based on limited liability protections.

Holdings

1. The district court did not clearly err in finding that Innis and Tornabeni entered into an oral contract requiring Innis to pay Tornabeni ninety percent of the rental profits from equipment rentals.
2. The oral contract was not shown to be unenforceable under N.D.C.C. § 9-08-01 based on an alleged conflict of interest or violation of a separate agreement with Continental Resources.
3. The oral contract was not barred by N.D.C.C. § 9-06-04(1) because it could have been performed within one year.
4. The oral contract was not unenforceable under N.D.C.C. § 9-06-04(4) because the record did not establish that it was a loan of more than $25,000.
5. The district court did not err in finding that Wold and RHS were unjustly enriched and in holding them jointly and severally liable for one-half of RHS's net rental profits.
6. Wold waived any defense based on RHS's limited-liability status by failing to raise it before entry of judgment.

Questions Presented

1. Whether the district court clearly erred in finding that Innis and Tornabeni entered into an enforceable oral contract and in determining the contract's terms.
2. Whether the alleged oral contract was unenforceable because it had an unlawful object or violated the statute of frauds.
3. Whether the district court clearly erred in finding that Wold and RHS were unjustly enriched and in awarding Tornabeni one-half of RHS's net rental profits.
4. Whether Wold waived the defense that RHS's limited-liability status shielded her from individual liability.

Disposition

affirmed