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OVERBOE v. OVERBOE

Civ. No. 8443.

160 N.W.2d 650 (1968)

Peter OVERBOE and David Overboe, Plaintiffs and Appellants, v. Edwin OVERBOE, Defendant and Respondent.

Supreme Court of North Dakota.

August 9, 1968.

Attorney(s) appearing for the Case

Whittlesey, Pancratz & Wold, Fargo, for appellants.

Johnson, Milloy & Eckert, Wahpeton, for respondent.

STRUTZ, Judge, on reassignment.

The plaintiffs brought this action for specific performance of an option to sell real estate. It appears from the record that the plaintiff Peter Overboe owned a quarter-section of land on which he resided with his family. The plaintiff David is his son. The defendant, Edwin Overboe, is a brother of Peter Overboe.

For some years, Peter had financial reverses and he was quite heavily indebted to a number of persons, including...

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