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DOBLER v. MALLOY

Civ. No. 8894.

214 N.W.2d 510 (1973)

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

Supreme Court of North Dakota.

December 11, 1973.

Attorney(s) appearing for the Case

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

Freed, Dynes & Malloy, Dickinson, for defendants and appellees.

VOGEL, Judge.

This dispute between a housebuilder, Dobler, and the owner of the house, Malloy, is before us for the second time. See Dobler v. Malloy, 190 N.W.2d 46 (N.D. 1971).

On the former appeal by Dobler, he succeeded in obtaining a new trial and a determination that Malloy had anticipatorily breached the contract between them. At the new trial, the court allowed the pleadings to be amended, retried the issues of damages...

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