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WILLMAN v. HARTY CO.

Civ. No. 9817.

305 N.W.2d 909 (1981)

Glenn WILLMAN, Plaintiff and Appellant, v. The HARTY COMPANY, a North Dakota corporation, and Bower E. Rudrud and Alice V. Rudrud, Defendants and Appellees.

Supreme Court of North Dakota.

May 28, 1981.

Attorney(s) appearing for the Case

Robert W. Palda, Minot, for plaintiff and appellant.

Tim G. Bryan, Casselton, for the Harty Co., defendant and appellee.

E. J. Rose, Bismarck, for Bower E. Rudrud and Alice V. Rudrud, defendants and appellees.

SAND, Justice.

The plaintiff, Glenn Willman [Willman], appealed from a dismissal on the merits of his complaint against the defendants, the Harty Company and Bower E. Rudrud and Alice V. Rudrud [Rudruds], and from a "summary" judgment sustaining the Rudruds' counterclaim.

On 1 May 1971 the Harty Company and Willman entered into a written lease agreement whereby Willman agreed to rent a portion of the Bus Depot building in downtown Bismarck, North Dakota, from...

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