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TONG v. BORSTAD

Civ. No. 9092.

231 N.W.2d 795 (1975)

Roy TONG, Plaintiff and Appellee, v. Adelaide BORSTAD, Individually and as administratrix of the Estate of Clayton Vedvick, Deceased, and as agent for Tillie Vedvick, et al., Defendant and Appellant.

Supreme Court of North Dakota.

June 25, 1975.

Attorney(s) appearing for the Case

McIntee & Whisenand, Williston, for plaintiff and appellee; argued by Frederick E. Whisenand, Jr., Williston.

Waldron, Kenner & Halvorson, Minot, for defendant and appellant; argued by Michael G. Sturdevant, Minot.

VOGEL, Justice.

This is an appeal from a judgment for the plaintiff rendered in the district court of Williams County. It involves the role of custom in making law.

In the spring of 1957, Tong entered into a crop-share rental agreement for the farming of 560 acres of farmland in Williams County, North Dakota. This property was owned in part by Clayton Vedvick, now deceased, with the remaining 400 acres held in fractional interests by Adelaide Borstad and others...

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