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KILZER v. BINSTOCK

Civ. No. 10355.

339 N.W.2d 569 (1983)

Dr. Ralph KILZER, Plaintiff and Appellee, v. Anton BINSTOCK and Mildred Binstock, Defendants and Appellants.

Supreme Court of North Dakota.

November 3, 1983.

Attorney(s) appearing for the Case

Tschider & Smith Law Offices, Bismarck, for plaintiff and appellee; argued by Sean O. Smith, Bismarck.

Wold & Jacobs, Minneapolis, Minn. for defendants and appellants; argued by Peter B. Wold, Minneapolis.

SAND, Justice.

This is an appeal from an order denying a motion for a new trial. Ralph Kilzer brought an action against Anton and Mildred Binstock to require them to comply with an option agreement entered into between Kilzer and Binstock and to require the Binstocks to give immediate possession of certain real property to Kilzer, and for damages resulting from the loss of rent as a result of the failure to perform in accordance with the option agreement.

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