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ZIEBARTH v. KALENZE

Civ. No. 9104.

238 N.W.2d 261 (1976)

Silver ZIEBARTH, Plaintiff and Appellee, v. LeRoy KALENZE, Jr., Defendant and Appellant.

Supreme Court of North Dakota.

January 2, 1976.

Attorney(s) appearing for the Case

McGee, Hankla, Backes & Wheeler, Minot, for plaintiff and appellee; argued by Richard H. McGee, Minot.

Bosard, McCutcheon, Kerian, Schmidt & Holum, Minot, for defendant and appellant; argued by Jon R. Kerian, Minot.

VOGEL, Justice.

This case originated in the district court, Ward County, North Dakota, on a claim for equitable relief based upon contract. The plaintiff-appellee, Silver Ziebarth, a cattle buyer, sought specific performance of a contract for the sale of cattle from the defendant-appellant, LeRoy Kalenze, a rancher in the business of selling cattle.

The district court, without a jury, found for Ziebarth. The court awarded damages in the sum of $4,589 plus...

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