Richmond v. Schauer et al. Civil No. 930155

Per Curiam.

Donald Richmond appealed from a summary judgment dismissing his action against Ned Schauer and Allstate Insurance Company for damages resulting from a fire at Richmond's trailer on December 10, 1987, and awarding the defendants costs and disbursements. The district court concluded there was no genuine issue of material fact that, effective December 7, 1987, Richmond and Schauer executed a written cancellation of a contract for deed for the trailer, and that, on the date of the fire, Schauer did not have an insurable interest in the trailer and Allstate was not liable for coverage for the loss. Richmond did not cite the district court to pages and lines in depositions or other comparable documents which raised a genuine issue of material fact about a mutual mistake as to the effective date of the written cancellation of the contract for deed. See First National Bank of Hettinger v. Clark, 332 N.W.2d 264 (N.D. 1983). The district court did not abuse its discretion in awarding the defendants costs and disbursements under N.D.C.C. 28-26-06(2). We affirm under Rule 35.1(a)(4) and (6), N.D.R.App.P.

Gerald W. VandeWalle, C.J.
Herbert L. Meschke
Vernon R. Pederson, S.J.
Beryl J. Levine
William A. Neumann

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