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EVANS FINANCIAL CORP. v. PLECITY

Civ. No. 10051.

315 N.W.2d 279 (1982)

EVANS FINANCIAL CORP., a Washington Corporation, Plaintiff and Appellee, v. Roger W. PLECITY and Sharon M. Plecity, husband and wife, Defendants and Appellants, and Midwest Mechanical, a Division of Twin City Construction Company, F-M Ready Mix Concrete, Inc., and Unknown Defendants, Defendants.

Supreme Court of North Dakota.

January 21, 1982.

Attorney(s) appearing for the Case

Wayne T. Anderson, of Ramlo, Anderson & Associates, Fargo, for plaintiff and appellee.

Daniel L. Wentz, of Ohnstad, Twichell, Breitling, Arntson & Hagen, West Fargo, for defendants and appellants.

VANDE WALLE, Justice.

Roger W. Plecity and Sharon M. Plecity, husband and wife, appealed from a summary judgment entered by the district court of Cass County foreclosing a mortgage held by Evans Financial Corp. (hereinafter "Evans") on property owned by the Plecitys. We affirm.

Evans, through its selling agent, Capp Homes, sold a prefabricated house to the Plecitys. Evans agreed to finance the transaction for a brief time and the Plecitys executed a mortgage...

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