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MALARCHICK v. PIERCE

Civ. No. 9414.

264 N.W.2d 478 (1978)

Roman MALARCHICK, Plaintiff and Appellee, v. Robert H. PIERCE and Patricia K. Pierce, Defendants and Appellants.

Supreme Court of North Dakota.

As Corrected April 28, 1978.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendants and appellants; argued by Gordon W. Schnell, Dickinson.

Maurice R. Hunke, Dickinson, for plaintiff and appellee.

PEDERSON, Justice.

This is an appeal by the Pierces from a judgment awarding Malarchick approximately $2,600 for material and services furnished in remodeling the Pierce home, pursuant to, in the language of one of the counsel, a very "loose" agreement which made no specific provisions for the amount of compensation to be paid. The Pierces claim that, after a dispute arose over the amount owed when the work had been virtually completed, Malarchick accepted a check...

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