Albert STUDE, Plaintiff and Appellee,
v.
Richard C. MADZO, also known as Richard Madzo, Defendant and Appellant, and
Lorraine D. Madzo, Defendant.
Albert STUDE, Plaintiff and Appellant,
v.
Allan K. RUSTAN et al., Defendants and Appellees.
Supreme Court of North Dakota.https://leagle.com/images/logo.png
March 27, 1974.
Rehearings Denied May 1, 1974.
Attorney(s) appearing for the Case
Sperry & Schultz, Bismarck, and Joseph A. Vogel, Jr., Mandan, for plaintiff Albert Stude, appellee in first action (to compel assignment of contract) and appellant in second action (to quiet title).
Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendant Richard C. Madzo, appellant in first action.
Greenwood, Moench & Galloway, Dickinson, for defendants Allan K. Rustan, Citizens State Bank of New England, American State Bank of Dickinson, and Maurice P. O'Connell, appellees in second action.
Reichert, Howe & Hardy, Dickinson, for defendants Terry D. Kelsey and Sidni Kelsey, appellees in second action.
Supreme Court of North Dakota.
VOGEL, Judge.
These two actions are interrelated and were consolidated for trial.
Madzo and his former wife owned about 2,200 acres of ranch land near Medora, in Billings County. They leased it in 1966 to Stude, with an option to buy at whatever price and terms the Madzos agreed on with any other party, an "option of first refusal," as the parties call it.
The option provision of the lease reads:
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