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Contracts Keyed to George
Delzer v. United Bank of Bismarck
Facts
Beam and Betty Jean Delzer (plaintiffs) went into an oral agreement with United Bank of Bismarck (the Bank) (defendant) in which the Delzers swore their farm and different resources in return for a $300,000 loan. The Delzers executed a promissory note for an underlying credit installment of $150,000. The Bank was then to give an extra credit installment of $150,000 to the Delzers for the purchase of cattle. The Bank never advanced the extra amount. Accordingly, the Delzers were not able to pay their obligations and lost their farm when the holder of their first mortgage foreclosed. The Delzers documented suit against the Bank asserting a breach of the oral contract and looked for punitive damages. A jury held for the Delzers and granted $538,000 for the Bank's deceit and $3 million in exemplary damages. The Bank documented a motion for a judgment as a matter of law on the deceit claim which the trial court granted. The Delzers appealed.
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