Berkom v. Cordonnier

2011 ND 239, 807 N.W.2d 802, 177 Oil & Gas Rep. 883, 2011 N.D. LEXIS 235, 2011 WL 6156933
CourtNorth Dakota Supreme Court
DecidedDecember 13, 2011
DocketNo. 20110085
StatusPublished
Cited by4 cases

This text of 2011 ND 239 (Berkom v. Cordonnier) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Berkom v. Cordonnier, 2011 ND 239, 807 N.W.2d 802, 177 Oil & Gas Rep. 883, 2011 N.D. LEXIS 235, 2011 WL 6156933 (N.D. 2011).

Opinion

MARING, Justice.

[¶ 1] Marilyn Cordonnier, Brenda Klitzke, Darwin Van Berkom, Bradley Van Berkom, Mark Barenthsen, and Kathryn Barenthsen (collectively “Cordonniers”) appeal from the trial court’s judgment quieting title of an undivided one-half interest of the disputed mineral rights in favor of James and Betty Van Berkom. We hold the trial court’s finding that the Cordonniers did not prove the presence of a mutual mistake justifying reformation by clear, satisfactory, specific, and convincing evidence is not clearly erroneous, and we affirm.

I

[¶2] In 1979, James and Betty Van Berkom executed a contract for deed for the purchase of certain real estate from Arlo and Garoldine Van Berkom, James Van Berkom’s uncle and aunt. The contract for deed contained a mineral reservation clause. During the probate proceedings following Arlo Van Berkom’s death, half of the mineral acres underlying the real estate subject to the 1979 contract for deed were devised to a trust created by Arlo Van Berkom’s last will and testament, and the other half passed to Garol-dine Van Berkom. After the completion of payments under the contract for deed, Garoldine Van Berkom, in 1995, executed a warranty deed conveying the subject real estate to James and Betty Van Ber-kom. The warranty deed did not contain [804]*804a mineral reservation clause. Garoldine Van Berkom died in 2002. Her last will and testament gave Mark Barenthsen an option to purchase any part or all of her farmland and any mineral rights she owned. Mark Barenthsen exercised this option purchasing, among others, the mineral rights in question. Only the undivided one-half interest in the mineral rights allegedly sold to James and Betty Van Berkom and Mark and Kathryn Barenth-sen by Garoldine Van Berkom are at issue in this case.

[¶ 3] The discrepancy in title was brought to the parties’ attention in 2008 when both James and Betty Van Berkom and Mark and Kathryn Barenthsen sought to simultaneously lease the disputed mineral acres. The Van Berkoms commenced this action to quiet title to the mineral rights they claimed under the 1995 warranty deed. The Cordonniers responded, alleging the warranty deed suffered from a mutual mistake and seeking to reform the warranty deed to conform to the 1979 contract for deed.

[¶ 4] At trial, the Van Berkoms presented testimony demonstrating Arlo and Garoldine Van Berkom intended to transfer the mineral rights, along with the surface rights, when the payments under the contract for deed were completed and the warranty deed was delivered. James Van Berkom testified that, at the time the contract for deed was executed, it was Arlo Van Berkom’s intention for James Van Berkom to receive the minerals underlying the real estate once the contract for deed was fully paid. The Van Berkoms also submitted the deposition of Larry Van Berkom, Arlo Van Berkom’s brother and James Van Berkom’s other uncle, which was read into the record. Larry Van Ber-kom testified he discussed this sale with Arlo Van Berkom, and it was his understanding Arlo Van Berkom intended James Van Berkom to receive the minerals underlying the real estate once the contract for deed was satisfied. Further, Larry Van Berkom explained it was Arlo and Garoldine Van Berkom’s preference to retain their mineral rights when selling land, except when the buyer was a family member. During cross-examination, Larry Van Berkom also stated he would prefer the Van Berkom mineral rights to stay in the family.

[¶ 5] The Cordonniers sought to reform the warranty deed to conform with the contract for deed. They argued the warranty deed suffered from a mutual mistake and Arlo and Garoldine Van Berkom actually intended to except the mineral rights from the warranty deed. Mark Barenthsen testified about several land transactions he conducted with Arlo and Garoldine Van Berkom. He explained the course of dealing Arlo and Garoldine Van Berkom followed whenever he purchased land from them. According to Mark Bar-enthsen, the couple retained legal counsel, utilized both a contract for deed and a warranty deed, and always reserved any mineral interests they owned. Regarding the warranty deed, Mark Barenthsen stated he did not believe Garoldine Van Ber-kom engaged professional legal counsel to assist her with the deed’s preparation, and the warranty deed did not contain a mineral reservation. Mark Barenthsen also told the court how, when Garoldine Van Ber-kom’s estate was probated, he and his wife received, as a gift, all of the mineral interests under the lands they had previously purchased from Arlo and Garoldine Van Berkom.

[¶ 6] Both James Van Berkom and Mark Barenthsen also testified about their leasing decisions. Mark Barenthsen testified he first leased the disputed mineral interests in 2005, shortly after allegedly acquiring them through the option con[805]*805tained in Garoldine Van Berkom’s last will and testament, and again in 2008. On cross-examination, James Van Berkom explained he only leased the disputed mineral rights once, in 2008, even though he believed he owned the rights since 1995.

[¶ 7] Following the submission of post-trial briefs, the trial court ruled in favor of James and Betty Van Berkom. The court held the Van Berkoms were entitled to the undivided one-half interest of the disputed mineral rights, and the Cordonniers failed to produce the proof required to reform a deed. The Cordonniers appealed from the trial court’s judgment.

II

[¶ 8] The primary issue on appeal is whether the trial court clearly erred when it found the Cordonniers failed to establish a mutual mistake and were not entitled to reformation of the warranty deed.

[¶ 9] We review a trial court’s challenged “findings of fact under the clearly erroneous standard set forth in N.D.R.Civ.P. 52(a).” Piatz v. Austin Mut. Ins. Co., 2002 ND 115, ¶ 24, 646 N.W.2d 681. Under N.D.R.Civ.P. 52(a), a trial court “must find the facts specially.” Further, a trial court’s findings of fact “must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court’s opportunity to judge the witnesses’ credibility.” N.D.R.Civ.P. 52(a). “A trial court’s findings of fact on appeal are presumed to be correct, and the complaining party bears the burden of demonstrating a finding is clearly erroneous.” Piatz, 2002 ND 115, ¶ 24, 646 N.W.2d 681. This Court has stated “ ‘[a] finding of fact is clearly erroneous when there is no evidence to support it, or when, although there is some evidence to support it, the reviewing court, on the entire evidence, is left with a definite and firm conviction that a mistake has been made.’ ” Am. Bank Ctr. v. Wiest, 2010 ND 251, ¶ 13, 793 N.W.2d 172 (quoting Sargent Cnty. Bank v. Wentworth, 500 N.W.2d 862, 874 (N.D.1993)). A finding of fact is not clearly erroneous merely because this Court might have reached a different result. Agnes M. Gassmann Revocable Living Trust v. Reichert, 2011 ND 169, ¶ 9, 802 N.W.2d 889.

Ill

[¶ 10] The Cordonniers argue the trial court clearly erred when it found they failed to establish a mutual mistake and were not entitled to reformation of the warranty deed.

[¶ 11] “ ‘Reformation is an equitable remedy used to rewrite a contract to accurately reflect the parties’ intended agreement.’ ” Johnson v. Hovland, 2011 ND 64, ¶ 11, 795 N.W.2d 294 (quoting Spitzer v. Bartelson, 2009 ND 179, ¶ 22, 773 N.W.2d 798). In Ell v. Ell,

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Cite This Page — Counsel Stack

Bluebook (online)
2011 ND 239, 807 N.W.2d 802, 177 Oil & Gas Rep. 883, 2011 N.D. LEXIS 235, 2011 WL 6156933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berkom-v-cordonnier-nd-2011.