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ESZLINGER v. WETZEL

Civ. No. 10142.

326 N.W.2d 215 (1982)

Sam S. ESZLINGER and Esther M. Eszlinger, individually and as husband and wife, Plaintiffs and Appellants, v. Walwin WETZEL and Christine Wetzel, husband and wife, Defendants and Appellees.

Supreme Court of North Dakota.

November 18, 1982.

Attorney(s) appearing for the Case

Russell J. Jensen, St. Paul, Minn., and Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for plaintiffs and appellants; argued by Russell J. Jensen, St. Paul, Minn.

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for defendants and appellees; argued by Albert A. Wolf, Bismarck.

PEDERSON, Justice.

This is an appeal by Sam and Esther Eszlinger from an amended judgment that allowed Walwin and Christine Wetzel to rescind a contract for deed and to recover their down payment, and denial of a motion for new trial. The judgment and the order denying the motion for new trial are affirmed.

A 10-acre tract of land located less than one-half mile north of the city limits of Ashley, owned by the Eszlingers, was offered for sale at a public auction...

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