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KACK v. KACK

Civ. No. 8495.

169 N.W.2d 111 (1969)

Winnifred G. KACK, Plaintiff, Respondent, and Cross-Appellant, v. Walter T. KACK, Defendant, Appellant, and Cross-Respondent.

Supreme Court of North Dakota.

July 2, 1969.

Attorney(s) appearing for the Case

Stokes, Vaaler, Gillig, Warcup & Woutat, Grand Forks, for plaintiff, respondent, and cross-appellant.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendant, appellant, and cross-respondent.

STRUTZ, Justice.

The parties in the above action were divorced in February of 1960 by judgment of the district court of Morton County. At the time of the divorce, the defendant was possessed of considerable property and money. While the action was pending and before trial, the parties negotiated an agreement, the purpose of which was expressed in the agreement itself, in the following language:

"WHEREAS: The Parties hereto now desire to enter upon a firm...

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