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FELCO v. DOUG'S NORTH HILL BOTTLE SHOP

Civil No. 970234.

579 N.W.2d 576 (1998)

1998 ND 111

FELCO, INC., Plaintiff and Appellant, v. DOUG'S NORTH HILL BOTTLE SHOP, INC., and Janet Knudson, Defendants and Appellees.

Supreme Court of North Dakota.

June 4, 1998.

Attorney(s) appearing for the Case

Richard P. Olson (argued) and Scott A. Miller (on brief) of Olson Burns Lee, Minot, for plaintiff and appellant.

Tom P. Slorby, Minot, for defendants and appellees.

SANDSTROM, Justice.

[¶ 1] Felco, Inc., appeals from a judgment entered upon a jury verdict dismissing its action against Doug's North Hill Bottle Shop, Inc., and Janet Knudson for unpaid percentage rent and from an order denying judgment as a matter of law, or in the alternative, a new trial. We conclude, as a matter of law, the lease is unambiguous, payment of past due percentage rent was not waived under the lease, part performance is not consistent only with...

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