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DITTMER v. NOKLEBERG

Civ. No. 8918.

219 N.W.2d 201 (1974)

Reynold DITTMER and Lenora Dittmer, Plaintiffs, Appellees and Cross-Appellants, v. Jorgen NOKLEBERG, Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

Rehearing Denied June 27, 1974.

Attorney(s) appearing for the Case

Conmy, Feste, DeMars & Bossart, Fargo, for the plaintiffs, appellees and cross-appellants.

Wegner, Fraase & Cook, Fargo, for the defendant, appellant, and cross-appellee.

TEIGEN, Judge.

Both the plaintiffs and the defendant have appealed from a judgment of the trial court.

In their complaint the plaintiffs (Dittmers) seek to recover damages in the amount of $24,560 from the defendant (Nokleberg) because of Nokleberg's breach of contract in the construction of a home on the Dittmers' farm. It is the contention of the Dittmers that Nokleberg failed to substantially perform the contract, and that the measure of damages is the...

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