BALDUS v. MATTERN

No. 7775.

93 N.W.2d 144 (1958)

Clarence H. BALDUS, Plaintiff and Respondent, v. Wendelin MATTERN, Defendant and Appellant.

Supreme Court of North Dakota.

November 20, 1958.


Attorney(s) appearing for the Case

Friederich & Ziegler, Rugby, for appellant.

Waldron & Kenner, Minot, for respondent.


JOHNSON, Judge.

In this case, a liberal construction of the pleadings together with the method and manner of procedure adopted during the trial, discloses that the plaintiff is attempting to recover damages arising out of a sale of some real and personal property to him by reason of an alleged breach of the agreement of sale whereby the defendant failed and refused to convey that portion of the property designated as "personal property" by bill of sale warranting...

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