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BISHOP RYAN HIGH SCHOOL v. LINDBERG

Civ. No. 10733.

370 N.W.2d 726 (1985)

BISHOP RYAN HIGH SCHOOL, Plaintiff and Appellee, v. Layne A. LINDBERG and Barbara J. Lindberg, Defendants and Appellants.

Supreme Court of North Dakota.

July 3, 1985.

Attorney(s) appearing for the Case

McGee, Hankla, Backes & Wheeler, Minot, for plaintiff and appellee; argued by Orlin W. Backes, Minot.

Barbara J. Lindberg, pro se and for defendants and appellants.

LEVINE, Justice.

Layne A. Lindberg and Barbara J. Lindberg (Lindbergs) appeal from a county court judgment awarding Bishop Ryan High School (Bishop Ryan) $3,149.19 in its action for recovery of earnest money. We reverse.

On September 2, 1983, the parties executed a written contract by which Lindbergs would purchase a home, owned by Bishop Ryan, for $97,000, to be paid in full by January 1, 1984. The contract required the Lindbergs to execute a $5,000 promissory...

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