Silbernagel v. Silbernagel
800 N.W.2d 320
| N.D. | 2011Background
- Family dispute over Marcella Silbernagel land and John P. Silbernagel estate; several consolidated probate guardianship actions; October 2004 settlement read into record assigning $150,000 payment and release of interests; April 29, 2005 judgment and March 31, 2008 amended judgment; Elliot asserts a one-twelfth land interest discovered during quiet title; September 2007 court appointed referee; 2006 quiet title judgment determined Elliot’s and others’ interests; dispute over whether lands and financing could secure the payment; district court held John M. and Tom Silbernagel tendered their obligations and Stephen and Jane did not; appeal followed
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the judgment foreclose impliedly a transfer of all Marcella’s land to Stephen? | Silbernagel contends estates transfer to Steve/Jane | Silbernagel contends estates only, not land, were conveyed | No; estates were released, not land conveyance |
| Was the settlement contingent on Steve/Jane securing full financing or on quiet-title success? | Financing/quiet title were essential contingencies | No contingencies; reasonable time to secure financing | Not contingent; reasonable time allowed |
| Did John M. and Tom tender their obligations under the judgment? | John/Tom did not tender all obligations | John/Tom tendered their obligations; Stephen/Jane failed to perform | John/M. tendered; Stephen/Jane failed to tender |
| Is interest on the $150,000 award correctly calculated from the quiet-title judgment date? | Interest should follow collateral estoppel from prior ruling | Interest accrues under statute from due date of cash award | Interest awarded from April 4, 2006 (date of quiet-title judgment) |
| Was the 120-day option to purchase properly quantified and enforceable? | Option to purchase within 120 days after notice | Court properly exercised discretion to set a reasonable end date | Court’s 120-day deadline for exercising option affirmed |
Key Cases Cited
- Silbernagel v. Silbernagel, 736 N.W.2d 441 (2007 ND) (interpretation of merged settlement judgment; final judgment controls)
- Silbernagel v. Silbernagel, 725 N.W.2d 588 (2006 ND) (quiet title action; res judicata effects; appeal affirmed)
- Sullivan v. Quist, 506 N.W.2d 394 (ND 1993) (interpretation of judgments; plain vs. ambiguous terms)
- Henry S. Grinde Corp. v. Klindworth, 77 N.D. 597, 44 N.W.2d 417 (ND 1950) (construction of contracts; integrated agreements)
- Tallackson Potato Co., Inc. v. MTK Potato Co., 278 N.W.2d 417 (ND 1979) (impossibility/frustration doctrines; contract interpretation)