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WELKEN v. CONLEY

Civ. No. 9272.

252 N.W.2d 311 (1977)

Kenneth E. WELKEN, Plaintiff, Appellee and Cross-Appellant, v. Wes CONLEY and Clayton Conley, Individually, and doing business as Conley Brothers, a partnership, Defendants, Appellants and Cross-Appellees.

Supreme Court of North Dakota.

April 11, 1977.

Attorney(s) appearing for the Case

Vogel, Vogel, Brantner & Kelly, Fargo, and Sproul, Lenaburg & Fitzner, Valley City, for defendants, appellants and cross-appellees; argued by John D. Kelly, Fargo.

John T. Paulson, Valley City, for plaintiff, appellee and cross-appellant.

PEDERSON, Justice.

This is an appeal by Conley Brothers from a judgment entered after a jury trial in Barnes County District Court. After the verdict was rendered for Welken in the amount of $16,040.25, the Conleys moved for judgment notwithstanding the verdict or for a new trial. The trial court denied these motions upon condition that Welken consent to a remittitur of the verdict from $16,040.25 to $11,040.25, which condition...

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