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BERRY-IVERSON CO. OF NORTH DAKOTA v. JOHNSON

Civ. No. 9182.

242 N.W.2d 126 (1976)

The BERRY-IVERSON CO. OF NORTH DAKOTA, INC., a corporation, Plaintiff-Appellee, v. Robert J. JOHNSON et al., Defendants-Appellees, and Virgil Locken and David Locken, Defendants-Appellants.

Supreme Court of North Dakota.

Rehearing Denied June 10, 1976.

Attorney(s) appearing for the Case

Lester J. Trnka, Oakes, for Virgil and David Locken, defendants and appellants.

Tenneson, Serkland, Lundberg & Erickson, Ltd., Fargo, for defendants and appellees, Robert J. Johnson, Wanda C. Johnson, and Ardys N. Sand; argued by Jack G. Marcil, Fargo.

MacKenzie & Jungroth, Jamestown, for plaintiff and appellee; argued by James R. Jungroth, Jamestown.

PAULSON, Justice.

This is an appeal by the defendants, Virgil Locken and David Locken [hereinafter the Lockens], from a judgment which compelled specific performance by the defendants to convey a four-acre radio transmitter tower site to the plaintiff, The Berry-Iverson Company of North Dakota, Inc., a corporation [hereinafter Berry-Iverson], which tract is located in Dickey County, North Dakota. The defendants, Robert J. Johnson, Wanda C. Johnson, and Ardys N. Sand...

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