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NEUNER v. BALLANTYNE

Civ. No. 10388.

336 N.W.2d 342 (1983)

John A. NEUNER, Plaintiff and Appellee, v. Melvin BALLANTYNE and Russell Ballantyne, Defendants and Appellants.

Supreme Court of North Dakota.

As Amended July 6, 1983.

Attorney(s) appearing for the Case

Jonathan C. Eaton, Jr., of Eaton, Van de Streek & Ward, Minot, for plaintiff and appellee.

Richard B. Thomas, Minot, for defendants and appellants.

VANDE WALLE, Justice.

Melvin and Russell Ballantyne appealed from a summary judgment granted by the district court, Bottineau County, in favor of John A. Neuner. We affirm.

I. FACTS

On December 1, 1956, Neuner sold a parcel of land to Melvin and Russell Ballantyne under a contract for deed. In the contract and a subsequent warranty deed, Neuner reserved a one-fourth mineral interest in the land conveyed. In addition, both the contract for deed and...

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