PAULSON, Justice.
This is an appeal from a summary judgment of the Morton County District Court for specific performance of an earnest money contract.
The defendant and appellant, James Buehner ["Buehner"], was the owner of certain real estate in Morton County, North Dakota. On September 8, 1977, Buehner and the plaintiff and appellee, E. G. Balsam, a/k/a Doc Balsam ["Balsam"] entered into an earnest money contract for the purchase of certain real estate....
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