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NODLAND v. PLAINSMEN PETROLEUM, INC.

Civ. No. 9409.

265 N.W.2d 252 (1978)

Randolph NODLAND and Ileene Nodland, Plaintiffs and Appellees, v. PLAINSMEN PETROLEUM, INC., a North Dakota Corporation, Natural Gas Pipeline Company of America, a corporation, and the Nokota Company, formerly Star Drilling, Inc., a North Dakota Corporation, Defendants and Appellants.

Supreme Court of North Dakota.

April 13, 1978.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendants and appellants; argued by John L. Sherman, Dickinson.

Freed, Dynes, Malloy & Reichert, Dickinson, and Lundberg, Conmy, Nodland, Rosenberg, Lucas & Schulz, Bismarck, for plaintiffs and appellees; argued by Ronald A. Reichert, Dickinson.

PEDERSON, Justice.

This is an appeal from a decision ordering the rescission of a contract (lease) by which Nodland conveyed to Plainsmen Petroleum, Inc., (hereinafter Plainsmen) a leasehold interest in the coal reserves underlying certain lands in Dunn County, North Dakota. The case was tried to the court without a jury. We reverse.

The facts, essentially as they were found by the trial court, are as follows:

In September 1971, Charles W. Skjod, an...

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