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ALTON'S, INC. v. LONG

Civ. No. 10550.

352 N.W.2d 198 (1984)

ALTON'S, INC., Plaintiff, Appellee and Cross-Appellant, v. D.K. LONG, William R. Geyer, a/k/a Bill Geyer, and Harry Dix, Defendants, Appellants and Cross-Appellees.

Supreme Court of North Dakota.

July 27, 1984.

Attorney(s) appearing for the Case

Rolfstad, Winkjer, McKennett, Kaiser, Stenehjem & Walters, Williston, for plaintiff, appellee and cross-appellant; argued by Richard A. McKennett, Williston.

McIntee & Whisenand, Williston, for defendants, appellants and cross-appellees; argued by Fred E. Whisenand, Williston.

GIERKE, Justice.

D.K. Long, William R. Geyer, and Harry Dix ("the Sellers") appeal from a district court judgment declaring a contract for deed void as rescinded and awarding damages to Alton's, Inc., ("Alton's") in the amount of $81,714.79. We reverse and remand.

On December 1, 1981, Alton's purchased property in Williston known as the Northern Hotel from the Sellers on a contract for deed. The total purchase price was $300,000, with a $50,000 down payment...

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