Ferguson v. LangleyCivil No. 880159

VandeWalle, Justice.

John N. Ferguson appealed from a district court judgment dismissing his action seeking subrogation and restitution or other equitable relief from Byron Langley. If both parties to a transaction are equally guilty of wrongdoing or inequitable conduct, the equitable principle of "in pari delicto" leaves those parties in the same position. Section 31-11-05(15), N.D.C.C.; see Burlington Northern, Inc. v. Hall, 322 N.W.2d 233 (N.D. 1982) [in a quiet-title action where laches was asserted as a bar to the action, neither party demonstrated an entitlement to any greater equitable considerations than the other party]; Azar v. Azar, 146 N.W.2d 148 (N.D.1966) [in an equitable property division, a wife who assented to and encouraged husband's gambling cannot seriously claim she was injured thereby]; see also, 27 Am.Jur.2d, Equity § 141 (1966).

The judgment is affirmed pursuant to Rule 35.1(a)(2) and (4), N.D.R.App.P.

Gerald W. VandeWalle
Vernon R. Pederson, S.J.
Beryl J. Levine
H.F. Gierke III
Ralph J. Erickstad, C.J.

Pederson, S.J., sitting in place of Meschke, J., disqualified.