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IRELAND v. CHARLESWORTH

No. 7773.

98 N.W.2d 224 (1959)

Bertha A. IRELAND, Plaintiff and Respondent, v. William R. CHARLESWORTH, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied September 29, 1959.

Attorney(s) appearing for the Case

Philip R. Bangs, Grand Forks, Degnan, Hager, McElroy & Lamb, Grand Forks, of counsel, for appellant.

Conmy & Conmy, Fargo, for respondent.

BURKE, Judge.

By her complaint in this action plaintiff sought a declaratory judgment decreeing that certain letter agreements by which she had agreed to keep in force provisions of her will, granting stock purchase rights to the defendant, were null and void. In his answer the defendant asserted the legality of the agreements and counterclaimed for damages for the breach thereof. With his answer and counterclaim the defendant filed a demand for a jury trial of all...

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