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DIEMERT v. JOHNSON

Civ. No. 9784.

299 N.W.2d 546 (1980)

In the Matter of Cancellation of Contract for Deed between Clayton J. DIEMERT and Florence M. Diemert, Vendors/Appellees, v. Kenneth L. JOHNSON and Laurel L. Johnson, Vendees/Appellants.

Supreme Court of North Dakota.

October 27, 1980.

Attorney(s) appearing for the Case

Stephan & Stephan, Valley City, for vendors/appellees; argued by L. A. W. Stephan, Valley City.

Paulson & Simonson, Valley City, for vendees/appellants; argued by Mikal Simonson, Valley City.

SAND, Justice.

This is an appeal from a judgment cancelling a contract for deed between the vendors, Clayton and Florence Diemert, and the vendees, Kenneth and Laurel Johnson, and dismissing the Johnson's counterclaim seeking rescission of the contract on the basis of fraud.

The Diemerts sought to cancel the contract for deed for the sale of property known as Scotty's Kampsite near Eckelson, North Dakota. The property...

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