HAUGLAND v. HOYT

Civ. No. 9463.

267 N.W.2d 803 (1978)

Sigurd Arnold HAUGLAND, a/k/a Arnold Haugland, Plaintiff, Appellee and Cross-Appellant, v. Duwayne HOYT and Gladys Hoyt, Defendants, Appellants and Cross-Appellees.

Supreme Court of North Dakota.

Rehearing Denied July 26, 1978.


Attorney(s) appearing for the Case

David Garcia, Devils Lake, for appellants and cross-appellees.

Hovey & Bekken, Ltd., New Rockford, for appellee and cross-appellant; argued by John D. Hovey, New Rockford.


PEDERSON, Justice.

Duwayne and Gladys Hoyt (hereinafter Hoyt) appealed from a judgment of the district court compelling them to specifically perform an option contract requiring that they convey certain farmlands to Sigurd Haugland (hereinafter Haugland). Haugland, being aggrieved by a finding of fact that the transaction between them created an equitable mortgage, cross-appealed from that part of the judgment which accordingly required him to pay Hoyt interest charges...

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