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ALM CONSTRUCTION COMPANY v. VERTIN

No. 7997.

118 N.W.2d 737 (1962)

ALM CONSTRUCTION COMPANY, a Minnesota Corporation, Plaintiff-Respondent, v. Marjorie VERTIN, Defendant-Appellant, and B. P. McCusker and Citizens First National Bank of Wahpeton, North Dakota, Defendants. ALM CONSTRUCTION COMPANY, a Minnesota Corporation, Plaintiff-Appellant, v. Marjorie VERTIN, B. P. McCusker and Citizens First National Bank of Wahpeton, North Dakota, Defendants-Respondents.

Supreme Court of North Dakota.

Rehearing Denied January 10, 1963.

Attorney(s) appearing for the Case

Wattam, Vogel, Vogel, Bright & Peterson, Fargo, for plaintiff, respondent and appellant.

Johnson, Milloy & Eckert, Wahpeton, for defendant, appellant and respondents.

TEIGEN, Judge.

The plaintiff, a contractor, alleges it constructed a store building and adjacent parking lot for the defendant Miss Vertin and that the said defendant owes a balance of $15,000 on the contract and $2,500 for extra work. The plaintiff seeks to recover judgment in the amount of $17,500. It also alleges the defendant Miss Vertin deposited with the defendants McCusker and Citizens First National Bank of Wahpeton the sum of $15,000 in escrow, payable to...

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