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DELZAR CONSTRUCTION CO. v. NEW MARIAN HOMES CORP.

No. 7999.

117 N.W.2d 851 (1962)

DELZER CONSTRUCTION COMPANY, a Corporation, Plaintiff and Appellant, v. NEW MARIAN HOMES CORPORATION, Defendant and Respondent.

Supreme Court of North Dakota.

Rehearing Denied November 27, 1962.

Attorney(s) appearing for the Case

Jansonius, Fleck, Smith, Mather & Strutz, Bismarck, for plaintiff and appellant.

Rausch & Chapman, Bismarck, for defendant and respondent.

TEIGEN, Judge.

This is an appeal by the plaintiff, Delzer Construction Company, from a judgment dismissing plaintiff's complaint and the defendant's counterclaim. The case was tried to the court without a jury and a trial de novo is demanded. The appeal is from the whole judgment and the entire judgment is open for review.

The plaintiff, a contractor, brought this action against the defendant, a subdivision developer...

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