KLIPFEL v. BRANDENBURGER

Civ. No. 8380.

156 N.W.2d 774 (1968)

Alvin KLIPFEL, Plaintiff and Respondent, v. Henry BRANDENBURGER, Defendant and Appellant.

Supreme Court of North Dakota.

February 29, 1968.


Attorney(s) appearing for the Case

Kretschmar & Kretschmar, Ashley, for plaintiff and respondent.

J. B. Graham, Ellendale, for defendant and appellant.


STRUTZ, Justice (on reassignment).

The plaintiff brings this action for specific performance of a contract for the sale of real estate at a public auction. The defendant denies the agreement to sell, and then raises the defense of the statute of frauds. He further alleges that if he did agree to sell the land and if the agreement is sufficient under the statute of frauds, the plaintiff cannot compel the enforcement thereof because the plaintiff did not perform certain...

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