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KERN v. KELNER

No. 7170.

48 N.W.2d 90 (1951)

KERN v. KELNER.

Supreme Court of North Dakota.

April 3, 1951.

Attorney(s) appearing for the Case

Torkelson & Morland, Bowman, for appellant.

Mark H. Amundson, Bowman, Mackoff, Kellogg & Muggli, Dickinson, for respondent.

CHRISTIANSON, Judge.

This is a sequel to Kern v. Kelner, 75 N.D. 292, 27 N.W.2d 567, 568, and Kern v. Kelner, 75 N.D. 703, 32 N.W.2d 169. The action is one for specific performance of a written contract between plaintiff and defendant.

On December 31, 1930, the plaintiff executed and delivered to the defendant his promissory note for $3000 payable on or before December 31, 1931, with interest at 8 per cent per annum. The plaintiff's father and mother signed...

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