Haas International Sales & Service, Inc. v. K & K Trucking, Inc.

377 N.W.2d 584, 1985 N.D. LEXIS 462
North Dakota Supreme Court·Decided November 25, 1985·No. Civ. No. 10885·Published

Opinion

GIERKE, Justice.

This is an appeal by defendant-appellant Kent Johanneson, from a judgment by the District Court of Burleigh County. The sole issue on appeal is whether or not the trial court committed prejudicial error in its instruction to the jury relating to when an agreement should be construed as a contract of guaranty. We affirm.

Plaintiff-appellee, Haas International Sales & Service, Inc. [Haas] entered into a lease agreement with B & K Trucking [B & K], a partnership whose general partners were Robert Sande and Ken Berger. This lease agreement provided that Haas would lease semitrailer and tractor rigs to B & K.

Late in 1978, Kent Johanneson, a licensed attorney, began negotiations to acquire Robert Sande’s interest in B & K. A new entity was to be formed, known as K & K Trucking, Inc. [K & K]. As a prerequisite to Johanneson’s acquisition of Sande’s interest, Johanneson agreed to take over Sande’s personal liability on the trailer and tractor leases executed with Haas. This agreement, typed on Haas’s stationery, reads as follows:

“March 30, 1979
"THIS LETTER IS TO CERTIFY THAT UPON MY SIGNATURE I, KENT JOHANNESON, DO TAKE ANY AND ALL RESPONSIBILITY IN RELATION TO THE LEASES BETWEEN HAAS INTERNATIONAL SALES & SERVICE, INC. & K & K TRUCKING, AND B & K TRUCKING OF DICKINSON, NORTH DAKOTA AND ALSO RECOGNIZE THAT ROBERT SANDE WILL BE RELEASED FROM ANY AND ALL RESPONSIBILITY IN CONNECTION WITH THE FOLLOWING LEASES:

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Haas International Sales & Service, Inc. v. K & K Trucking, Inc., 377 N.W.2d 584, 1985 N.D. LEXIS 462 (N.D. 1985).

377 N.W.2d 584 (Haas International Sales & Service, Inc. v. K & K Trucking, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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