Hillesland v. Federal Land Bank Ass'n of Grand Forks

PEDERSON, Surrogate Justice,

dissenting in part.

I agree with the opinion authored by Chief Justice Eriekstad in all respects except for the dicta disposition of issue number 3, — Implied Covenant of Good Faith and Fair Dealing.

As I read the pleadings in this case, the termination was not “without cause” but for the exercise of poor judgment. I believe, nevertheless, that in all relationships between civilized persons, there is an obligation to not act in bad faith. Under circumstances that are appropriate, where there is an aggravated breach, unconscionable conduct, the court should provide a remedy.

MESCHKE, J„ concurs.