SCHWARTING v. SCHWARTING

Civ. No. 9944.

310 N.W.2d 738 (1981)

LaDonna SCHWARTING, individually and as Personal Representative of the Clark Schwarting Estate, Plaintiff and Appellee, v. LeRoy H. SCHWARTING and Marie Schwarting, Defendants and Appellants.

Supreme Court of North Dakota.

October 5, 1981.


Attorney(s) appearing for the Case

Richard P. Rausch, of Rausch & Rausch, Bismarck, for plaintiff and appellee.

Daniel J. Chapman, of Chapman & Chapman, Bismarck, for defendants and appellants.


VANDE WALLE, Justice.

LeRoy and Marie Schwarting appealed a judgment from the district court of Morton County ordering them to specifically perform under an option contract. We affirm.

LeRoy and Marie were the parents of Clark Schwarting and signed the option contract as the sellers. Clark and his wife, LaDonna Schwarting, signed as buyers. The option was to last for 12 months. During that time Clark died and LaDonna attempted to exercise the option. LeRoy...

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