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GUNDERSON v. BURBIDGE

No. 7510.

75 N.W.2d 757 (1956)

Andrew GUNDERSON, Plaintiff and Appellant, v. R. O. BURBIDGE, Scandia American Bank, Stanley, North Dakota, and J. P. Evans, Defendants and Respondents.

Supreme Court of North Dakota.

March 29, 1956.

Attorney(s) appearing for the Case

Ella Van Berkom, Minot, for appellant.

Cox, Cox, Pearce & Engebretson, Bismarck, for respondent.

BURKE, Chief Justice.

This is an action to determine adverse claims to real property. The principal issue in the case is whether a certain oil and gas lease executed by the plaintiff and his wife as lessors to the defendant Burbidge as lessee, and deposited in escrow with the defendant, Scandia American Bank, was delivered by the depositary to the lessee in violation of the terms of the escrow agreement. The plaintiff contends...

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