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QUEEN CITY LUMBER COMPANY v. FISHER

No. 7970.

111 N.W.2d 714 (1961)

QUEEN CITY LUMBER COMPANY, Inc., Plaintiff and Appellant, v. Isador FISHER and William Foster, doing business as Fisher-Foster Agency, Iva Tourangeau and Otto Fink, Defendants and Respondents.

Supreme Court of North Dakota.

November 22, 1961.

Attorney(s) appearing for the Case

Greenwood & Swanson, Dickinson, for plaintiff and appellant.

Howard A. Freed, Dickinson, for defendant and respondent Fisher-Foster Agency.

W. F. Reichert, Dickinson, for defendant and respondent Iva Tourangeau.

Mackoff, Kellogg, Muggli & Kirby, Dickinson, for defendant and respondent Otto Fink.

STRUTZ, Judge.

This is an action for specific performance of a contract to sell real estate, or, if specific performance cannot be had, for damages. The facts necessary to our decision, except such as may be mentioned in discussing the law of the case, are as follows:

On April 24, 1958, the defendants Fisher and Foster, doing business as Fisher-Foster Agency, entered into a listing agreement with the defendant Iva Tourangeau, of Minneapolis, owner of certain...

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