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CARLSON HOMES, INC. v. MESSMER

Civ. No. 9875.

307 N.W.2d 564 (1981)

CARLSON HOMES, INC., a corporation, Plaintiff and Appellant, v. Brian J. MESSMER and Dianna L. Messmer, Defendants and Appellees.

Supreme Court of North Dakota.

June 25, 1981.

Attorney(s) appearing for the Case

Freed, Dynes, Malloy & Reichert, Dickinson, for plaintiff and appellant; argued by George T. Dynes, Dickinson.

Thomas F. Murtha, Dickinson, for defendants and appellees.

SAND, Justice.

The plaintiff, Carlson Homes, Inc. [Carlson], appealed from a $3,500.00 judgment, on the counterclaim of the defendants, Brian J. and Dianna L. Messmer [Messmers].

Carlson initially began this action against the Messmers for the balance due on a home construction contract. The Messmers' answer denied liability for the balance due on the contract and interposed a counterclaim which alleged that Carlson was "negligent in the performance of its...

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