North Dakota Statutes
§ 32-03-36 — Recovery not more than gained by performance
Notwithstanding the provisions of this chapter, no person can recover a greater amount in
damages for the breach of an obligation than the person could have gained by the full
performance thereof on both sides, except in the cases wherein exemplary damages or penal
damages are authorized, and in the case specified in section 36-21-13.
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Related
Coughlin Construction Co. v. Nu-Tec Industries, Inc.
2008 ND 163 (North Dakota Supreme Court, 2008)
Coldwell Banker-First Realty v. MEIDE & SON, INCORPORATED
422 N.W.2d 375 (North Dakota Supreme Court, 1988)
Mike Golden, Inc. v. Tenneco Oil Co.
450 N.W.2d 716 (North Dakota Supreme Court, 1990)
Pavlicek v. American Steel Systems, Inc.
2019 ND 97 (North Dakota Supreme Court, 2019)
Avery v. Lahr Agency, LLC
(D. North Dakota, 2019)
Nearby Sections
15
§ 32-01-01
Remedies - Classification§ 32-01-02
Action defined§ 32-01-03
Actions - Classification§ 32-01-04
Special proceeding defined§ 32-01-05
Criminal action defined§ 32-01-06
Civil action defined§ 32-01-07
Process in civil action§ 32-01-08
Civil and criminal remedies not merged§ 32-01-10
Provisional remedies classified§ 32-01-12
Conditions of relief from forfeiture§ 32-02-01
Qualifications of sureties - Personal§ 32-02-02
Exception to sureties