HEINRICH v. MARTIN

No. 8213.

134 N.W.2d 786 (1965)

Richard HEINRICH, Plaintiff and Appellant, v. Gottlieb MARTIN, also known as G. S. Martin, and Frieda Martin, Defendants and Respondents.

Supreme Court of North Dakota.

April 22, 1965.


Attorney(s) appearing for the Case

Max A. Wishek, Ashley, for plaintiff and appellant.

Robert Chesrown, Linton, and Kretschmar & Kretschmar, Ashley, for defendants and respondents.


STRUTZ, Judge.

The defendants are the owners of certain real estate located in McIntosh County, North Dakota. The plaintiff brings this action for specific performance of an alleged contract to sell the land, basing the cause of action on a memorandum, a letter, and partial performance. The defendants raise a number of defenses, including the defense of statute of frauds, alleging that, since the so-called contract is one for the sale of real estate, it is within...

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