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FITZGERALD v. BALKOWITSCH

Civ. No. 9702.

288 N.W.2d 761 (1980)

Kenneth D. FITZGERALD and Gladys A. Fitzgerald, husband and wife, Plaintiffs and Appellees, v. Quentin J. BALKOWITSCH and Sharon Balkowitsch, Defendants and Appellants.

Supreme Court of North Dakota.

February 14, 1980.

Attorney(s) appearing for the Case

Ralph A. Vinje, Bismarck, for defendants and appellants.

Lundberg, Conmy, Nodland, Rosenberg, Lucas & Schulz, Bismarck, for plaintiffs and appellees; argued by Patrick A. Conmy, Bismarck.

PAULSON, Justice.

This is an appeal from a judgment of the Burleigh County District Court awarding damages of $1,900.00 plus interest to Kenneth and Gladys Fitzgerald. The defendants, Quentin and Sharon Balkowitsch, brought this appeal to challenge the finding of the district court that the Balkowitsches had suppressed the fact that the sewage system in the house which they sold to the Fitzgeralds was defective. We affirm.

In May of 1978 the Fitzgeralds bought...

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