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KESSEL v. PETERSON

Civ. No. 10566.

350 N.W.2d 603 (1984)

Donald KESSEL, Plaintiff and Appellant, v. Ronald W. PETERSON and Jean J. Peterson, Defendants and Appellees.

Supreme Court of North Dakota.

June 28, 1984.

Attorney(s) appearing for the Case

Rauleigh Robinson, Bismarck, for plaintiff and appellant.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendants and appellees; argued by John L. Sherman, Dickinson.

PEDERSON, Justice.

Donald Kessel (Kessel) sued Ronald and Jean Peterson (Petersons) for cancellation of contracts for the purchase of a mobile home park and for possession of the premises. Petersons counterclaimed for rescission on the grounds of mistake and fraud, both actual and constructive. Judgment was entered on September 29, 1983 in favor of Petersons, rescinding the land contracts and awarding them a money judgment for return of their investment in the property...

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