State v. Ennen
2011 ND 130
| N.D. | 2011Background
- Family dispute over Marcella and John P. Silbernagel land; Stephen and Jane Silbernagel settled with John M. and Tom Silbernagel in 2004–2005 for $150,000; the settlement was incorporated into a 2005 judgment and amended in 2008; prior breach action against Stephen/Jane was dismissed; quiet title action in 2006 determined Elliot owned a one-twelfth interest and John M./Tom Silbernagel owned interests; referee concluded John M./Tom had tendered their obligations; district court clarified Stipulation did not require conveyance of all land to Stephen/Jane; appeal followed confirming district court’s construction; Stephen/Jane seek vacatur arguing frustration of purpose.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stipulation and judgment were properly interpreted | Silbernagel (John M./Tom) | Silbernagel (Stephen/Jane) | No ambiguity; terms unambiguous; John M./Tom discharged obligations |
| Whether John M./Tom tendered performance under the judgment | John M./Tom tendered their obligations | Stephen/Jane contend not fully performed | Tendered full performance; defendants failed to perform |
| Whether interest was properly awarded | Interest permitted from due date | Interest excluded by prior ruling | Interest awarded from April 4, 2006 judgment date; not controlled by collateral estoppel |
| Whether the 120-day option to purchase was proper and enforceable | Option should be available for sale of land | Judge erred in timing/ Scope | Court did not abuse discretion; 120-day period upheld |
Key Cases Cited
- Silbernagel v. Silbernagel, 2007 ND 124 (North Dakota) (interpretation of merged settlement judgment; contract-like effect)
- Silbernagel v. Silbernagel, 2006 ND 235 (North Dakota) (quiet title judgment; res judicata; appeal affirmed)
- Riverwood Commercial Park, L.L.C. v. Standard Oil Co., Inc., 2007 ND 36 (North Dakota) (collateral estoppel tests; four-factor test)
- Hofsommer v. Hofsommer Excavating, Inc., 488 N.W.2d 380 (North Dakota) (four collateral estoppel tests)
- City of Wahpeton v. Drake-Henne, Inc., 228 N.W.2d 324 (North Dakota) (end to litigation; policy to conclude disputes)