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DOBLER v. MALLOY

Civ. No. 8689.

190 N.W.2d 46 (1971)

Emil DOBLER, doing business as Queen City Lumber, Plaintiff and Appellant, v. Harry L. MALLOY and Lorraine Malloy, Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied October 4, 1971.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for plaintiff and appellant.

Freed, Dynes & Malloy, Dickinson, and R. J. Bloedau, Mott, for defendants and respondents.

ERICKSTAD, Judge.

This case originated in the district court, Stark County, North Dakota, on a claim for relief based upon contract, wherein the plaintiff Emil Dobler, doing business as Queen City Lumber, and hereinafter referred to as Dobler, sought damages for breach of contract from the defendants, Harry L. Malloy and his wife Lorraine Malloy, both hereinafter referred to as Malloy. Malloy counterclaimed for damages, alleging breach of contract by Dobler.

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