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GIMBEL v. KUNTZ

Civ. No. 9657.

286 N.W.2d 501 (1980)

Andy GIMBEL, Plaintiff and Appellant, v. John KUNTZ, d/b/a Southside Implement, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied January 10, 1980.

Attorney(s) appearing for the Case

Donavin L. Grenz, Linton, for plaintiff and appellant.

Gordon O. Hoberg, Napoleon, for defendant and appellee.

ERICKSTAD, Chief Justice.

This is an appeal from a judgment granted in favor of the defendant whereby the plaintiff had sought to revoke and rescind a contract to purchase a tractor on the ground that the tractor was unfit for the purpose for which it was purchased. We reverse and remand.

In June of 1978, the plaintiff, Andy Gimbel, entered into negotiations with the defendant, John Kuntz, doing business as Southside Implement in Linton, North Dakota, to purchase...

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