Date: 05-13-2004

Case Style: Thomas and Arel Axtmann v. Wes Bailey and Main and Company Realtors

Case Number: Unknown5/13/04

Judge: Gail Hagerty

Court: District Court, Morton County, North Dakota

Plaintiff's Attorney:

Lawrence R. Klemin OF Bucklin, Klemin & McBride, P.C., Bismark, North Dakota

Defendant's Attorney: Unknown

Description: Thomas and Arel Axtmann alleged that while doing repairs on the home that they bought from Wes Bailey and Main and Company Realtors in Bismarck after rainwater flooded the basement they discovered a false wall in the three-bedroom home that concealed a "bowing, cracking and shifting" wood foundation. The cost of repairs was estimated at $59,550. They alleged fraud and breach of contract on the part of the defendants.

Bailey testified that he sold the Roughrider Estates house to the Axtmanns in July of 1999 for $59,500. He further claimed that he told the Axtmanns' real estate agent about a previous lawsuit over the same condition in the house.

Outcome: Plaintiffs' verdict for $75,000 in economic damages and $65,000 in exemplary damages.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None