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KUNICK v. TROUT

No. 7668.

85 N.W.2d 438 (1957)

Emil KUNICK; Bernard Neil Kunick; Eugenia Eileen Rojic and Albert Rojic, Darlene Chell Myers and Warren Myers, Plaintiffs and Respondents, v. Kye TROUT, Jr., Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied October 28, 1957.

Attorney(s) appearing for the Case

Strutz, Jansonius & Fleck, Bismarck, and Halstead & Lovell, Beach, for defendant and appellant.

Mackoff, Kellogg, Muggli & Kirby, Dickinson, for plaintiffs and respondents.

JOHNSON, Judge.

This is an action brought by the plaintiffs to recover $12,500 for the alleged sale to the defendant of an undivided one-fourth interest in the oil, gas and other minerals in and under the following described real property:

"Lots Three (3) and Four (4), N½ SW¼ & SW¼SW¼ and the South Half of the Northwest Quarter (S½ NW¼) of Section 2; the Southeast Quarter (SE¼) and the Northwest Quarter (NW¼) of...

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