Pfaff v. Underwood Farmers ElevatorCivil No. 920074

Levine, Justice.

Underwood Farmers Elevator ("Elevator") appeals from an adverse district court judgment awarding damages to Kent and Kenneth Pfaff for the breach of Elevator's warranty of merchantability in its sale of water-contaminated diesel fuel to the Pfaffs. The Elevator argues insufficiency of the evidence and failure to mitigate damages. We affirm pursuant to Rule 35.1(a)(2), NDRAppP.

The Pfaffs cross-appeal from a partial summary judgment dismissing their claim for negligent infliction of emotional distress. We affirm pursuant to Rule 35.1(a)(6), NDRAppP.

Beryl J. Levine
Gerald W. VandeWalle
J. Philip Johnson
Herbert L. Meschke
Ralph J. Erickstad, C.J.