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WESSELS v. WHETSTONE

Civ. No. 10412.

338 N.W.2d 830 (1983)

Doug WESSELS and Jay Wessels, Plaintiffs and Appellants, v. Yvonne WHETSTONE, as the personal representative of the Estate of Alex Generous, Defendant and Appellee.

Supreme Court of North Dakota.

October 3, 1983.

Attorney(s) appearing for the Case

R. Scott Stewart [argued] and William S. Heigaard, Langdon, for plaintiffs and appellants.

Lawrence D. DuBois [argued], of Fleming & DuBois, Cavalier, for defendant and appellee.

PAULSON, Surrogate Justice.*

This is an appeal from a summary judgment denying specific performance of an alleged contract to convey land. We affirm.

On March 1, 1976, Alex Generous [Generous], granted to the plaintiffs, Jay and Doug Wessels [Wessels], a one-year option to purchase certain real property. The option was renewable each year thereafter by the tender by Wessels of $100 to Generous on or before March 1 of each succeeding...

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