KOHLER v. COLE

No. 7242.

55 N.W.2d 589 (1952)

KOHLER et al. v. COLE.

Supreme Court of North Dakota.

November 14, 1952.


Attorney(s) appearing for the Case

William L. Paulson, Valley City, and Philip L. Scherer, Winthrop, Minn., for appellants.

A. F. Greffenius, Valley City, for respondent.


CHRISTIANSON, Judge.

This is an appeal from an order which set aside a warrant of attachment. The plaintiff brought this action under the declaratory judgment act, NDRC 1943, 32-23, to obtain a declaration of the rights of the plaintiffs and the defendant under a written contract for the sale of land. The complaint alleges the execution of the contract and the terms thereof, that certain payments have been made by the plaintiffs, that the defendant before the commencement...

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