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ERLING v. HOMERA, INC.

Civ. No. 9777.

298 N.W.2d 478 (1980)

W. M. ERLING and Leanor M. Erling, Plaintiffs and Appellees, v. HOMERA, INC., Defendant and Appellant, and Jerry Carlson, dba J & J Trailer Sales, Defendant.

Supreme Court of North Dakota.

October 27, 1980.

Attorney(s) appearing for the Case

Gilje, Greenwood & Dalsted, Jamestown, for plaintiffs and appellees; argued by Charles J. Gilje, Jamestown.

Sproul, Lenaburg, Fitzner & Walker, Valley City, for defendant and appellant; argued by David E. Walker, Valley City.

Georgia M. Pope, Pope & Stites, Jamestown, for defendant; no appearance.

ERICKSTAD, Chief Justice.

Defendant, Homera, Inc., appeals from a judgment which allowed the plaintiffs, Mr. and Mrs. William Erling, to revoke their acceptance of a mobile home and required Homera and the co-defendant, Jerry Carlson, to return the plaintiffs' purchase price. The case was tried to the court without a jury. The judgment allowing revocation is affirmed, but the determination of set off is remanded with directions.

In August of 1976, the Erlings...

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