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State North Dakota v. Garold B. Kraft

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eBook details

  • Title: State North Dakota v. Garold B. Kraft
  • Author : Supreme Court of North Dakota
  • Release Date : January 29, 1987
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

GIERKE, Justice Garold B. Kraft (Kraft) appeals from a jury verdict convicting him of theft of property, a class C felony,
pursuant to §§ 12.1-23-02(1) and 12.1-23-05(2), N.D.C.C. We vacate the jury verdict and remand for a new
trial. In 1984, Garold Kraft was in the construction business and operated a company doing business as Kraft Construction in Bismarck,
North Dakota. As a part of his business, Kraft would contract with customers for the sale and construction of metal buildings.
These buildings were sold at specified dimensions with a specific amount of component parts which corresponded with the size
of the building required. The component parts consisted of prefabricated metal sheets, bolts, doors, etc., and the number
of parts sold by Kraft depended upon the size of building requested by his customers. These parts were not unique or special
in any way. In other words, the metal buildings were similar and their component parts interchangeable, a larger size building
differing from a smaller one only in the number of metal sheets, bolts, etc. necessary for it to meet the size structure specified
by Kraft's customers. In July 1984, Kraft sold two of these metal buildings to one Alvin Anderson (Anderson).


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