# Beck v. Lind

> North Dakota Supreme Court · October 31, 1975 · 235 N.W.2d 239

URL: https://www.frixlaw.com/law-library/cases/9672328

## Case

- **Full name:** Jester D. BECK and Sharon K. Beck, Plaintiffs, Appellants, v. Willie LIND, Defendant, Appellee
- **Court:** North Dakota Supreme Court
- **Decided:** October 31, 1975
- **Citations:** 235 N.W.2d 239; 1975 N.D. LEXIS 136
- **Precedential status:** Published
- **Opinion:** Concurrence by Pederson
- **Judges:** Sand, Pederson, Erickstad, Paulson, Vogel
- **Cited by:** 47 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9672328

## Opinion text

PEDERSON, Judge
(concurring specially).
I concur but find it necessary to add the following:
*254 In this case Beck claimed that Lind used 1,000 bushels of oats worth fifty cents a bushel. Lind denied that he used any of the oats. The trial court concluded that Beck was entitled to an award of $300 for 600 bushels used.
The majority opinion finds this award to be erroneous because there is no evidence to support it. Not in every case where the only testimony on damage is either zero or $500 can we conclude that a $300 award is not supported by the evidence, but when there is a strong inference that the trier of fact compromised between the right to recover and the proved damages sustained, we are justified in concluding that there is error. See Dege v. Produce Exchange Bank of St. Paul, 212 Minn. 44 , 2 N.W.2d 423, 425 (1942), and Schore v. Mueller, 290 Minn. 186 , 186 N.W.2d 699, 702 (1971).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9672328. Public record. Not legal advice.