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WALLWORK LEASE AND RENTAL CO., INC. v. DECKER

Civ. No. 10382.

336 N.W.2d 356 (1983)

WALLWORK LEASE AND RENTAL CO., INC., Plaintiff and Appellant, v. Kathleen D. DECKER, a/k/a Kathy Decker, Defendant and Appellee.

Supreme Court of North Dakota.

July 14, 1983.

Attorney(s) appearing for the Case

Nilles, Hansen, Selbo, Magill & Davies, Fargo, for plaintiff and appellant; argued by John Michael Nilles, Fargo.

Wegner, Fraase, Nordeng & Johnson, Fargo, for defendant and appellee; argued by Mark R. Fraase, Fargo.

PEDERSON, Justice.

This is an appeal by Wallwork Lease and Rental Co., Inc. (Wallwork) from a summary judgment entered by the district court of Cass County pursuant to Rule 56, NDRCivP. The action arises out of various business transactions entered into by Gary Decker, the president of Black's, Inc., a women's clothing store in Fargo, North Dakota. We reverse and remand.

In 1976 Black's sold equipment used in its stores to Wallwork Lease for $75,000.00. Wallwork...

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