Opinion
No. 20020354
Decided June 17, 2003
Appeal from the District Court of Sheridan County, South Central Judicial District, the Honorable Robert O. Wefald, Judge.
AFFIRMED.
Neil W. Fleming, Fleming DuBois, P.O. Box 633, Cavalier, N.D. 58220-0633, for plaintiff, appellee, and cross-appellant.
William C. Severin, Severin, Ringsak Morrow, P.O. Box 2155, Bismarck, N.D. 58502-2155, for defendants, appellants, and cross-appellees.
[¶ 1] Tim and Alberta Strobel appealed from a judgment holding them liable to Marcotte's Builders Supply Company for $15,534 due and owing on a home construction contract, plus interest, costs and disbursements, and dismissing the Strobels' counterclaim against Marcotte's seeking damages for breach of contract and for "failing to provide the goods and services in a workmanlike manner." Marcotte's cross-appealed from the judgment. We conclude the trial court did not err in holding parts of the construction contract were ambiguous. We further conclude the trial court's findings of fact are not clearly erroneous. We affirm the judgment under N.D.R.App.P. 35.1(a)(2).
[¶ 2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
Carol Ronning Kapsner