Bird v. Jerry Harmon Motors, Inc.

North Dakota Supreme Court

Bird v. Jerry Harmon Motors, Inc.

421 N.W.2d 466, 1988 N.D. LEXIS 14, 1988 WL 25360

North Dakota Supreme Court·Decided February 1, 1988·No. No. 870200·Published·Cited by 2 cases

Opinion

LEVINE, Justice.

Jerry Harmon Motors, Inc., appeals from a judgment of the Williams County Court grounded on findings of fraudulent misrepresentation of the value of a used car. The judgment awards plaintiffs Belva Young Bird and Betty Young Bird compensatory damages of $2,720.00 with prejudgment interest, exemplary damages of $5,000.00 and attorney's fees of $2,000.00.

We affirm that part of the judgment that awards compensatory damages, prejudgment interest and exemplary damages, pursuant to Rule 85.1(a)(2) and (4), North Dakota Rules of Appellate Procedure. Because there is no statutory or other authority for the award of attorney’s fees, we reverse that portion of the judgment that awards attorney’s fees. Hall G.M.C., Inc. v. Crane Carrier Co., 332 N.W.2d 54 (N.D.1983); State ex rel. Olson v. Nelson, 222 N.W.2d 383 (N.D.1974).

The judgment is affirmed as to damages and interest, and reversed as to attorney’s fees. Costs on appeal are awarded to neither side.

ERICKSTAD, C.J., and MESCHKE, GIERKE and VANDE WALLE, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

LEVINE, Justice.

Jerry Harmon Motors, Inc., appeals from a judgment of the Williams County Court grounded on findings of fraudulent misrepresentation of the value of a used car. The judgment awards plaintiffs Belva Young Bird and Betty Young Bird compensatory damages of $2,720.00 with prejudgment interest, exemplary damages of $5,000.00 and attorney's fees of $2,000.00.

We affirm that part of the judgment that awards compensatory damages, prejudgment interest and exemplary damages, pursuant to Rule 85.1(a)(2) and (4), North Dakota Rules of Appellate Procedure. Because there is no statutory or other authority for the award of attorney’s fees, we reverse that portion of the judgment that awards attorney’s fees. Hall G.M.C., Inc. v. Crane Carrier Co., 332 N.W.2d 54 (N.D.1983); State ex rel. Olson v. Nelson, 222 N.W.2d 383 (N.D.1974).

The judgment is affirmed as to damages and interest, and reversed as to attorney’s fees. Costs on appeal are awarded to neither side.

ERICKSTAD, C.J., and MESCHKE, GIERKE and VANDE WALLE, JJ., concur.

Bird v. Jerry Harmon Motors, Inc., 421 N.W.2d 466, 1988 N.D. LEXIS 14, 1988 WL 25360 (N.D. 1988).

Pincite

421 N.W.2d 466 (Bird v. Jerry Harmon Motors, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related