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HOLCOMB v. ZINKE

Civ. No. 10742.

365 N.W.2d 507 (1985)

Jerry L. HOLCOMB and Patsy L. Holcomb, Plaintiffs and Appellees, v. Marvin L. ZINKE, Dorene Y. Zinke, Defendants and Appellants, Mark D. Johnson, Jolene Nitschke, and Hometown Realty, Inc., Defendants.

Supreme Court of North Dakota.

March 26, 1985.

Attorney(s) appearing for the Case

Fabian E. Noack, Carrington, for plaintiffs and appellees.

Hjellum, Weiss, Nerison, Jukkala, Wright & Paulson, Jamestown, for defendants and appellants Marvin L. Zinke and Dorene Y. Zinke; argued by Gerald W. Jukkala, Jamestown.

LEVINE, Justice.

Marvin L. Zinke, and Dorene Y. Zinke, (Zinkes) appeal from a judgment granting Jerry L. Holcomb and Patsy L. Holcomb (Holcombs) rescission of a contract to purchase the Zinkes' home. Codefendants Mark D. Johnson (Johnson), Jolene Nitschke (Nitschke) and Hometown Realty, Inc., have not appealed from the judgment which also ordered the return of the realtors' commission to the Zinkes.

The Zinkes owned a home located in rural Jamestown. In the...

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