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BENEFIET v. HOIBY

Civ. No. 10873.

370 N.W.2d 513 (1985)

Martin L. BENEFIET and Sarah M. Benefiet, Plaintiffs and Appellants v. Brett C. HOIBY, individually and doing business as Cordell Paul Investments, Defendant and Appellee and Metro Realty Group, Inc., a North Dakota corporation, Defendant.

Supreme Court of North Dakota.

June 27, 1985.

Attorney(s) appearing for the Case

Timothy J. Austin (argued), of Kelsch, Kelsch, Bennett, Ruff & Austin, Mandan, for plaintiffs and appellants.

Brett C. Hoiby, pro se.

VANDE WALLE, Justice.

The plaintiffs, Martin and Sarah Benefiet, have filed an appeal from an amended judgment of the district court granting a judgment n.o.v. to the defendant, Brett C. Hoiby, and dismissing the Benefiets' action against Hoiby. Another defendant, Metro Realty Group, Inc. (Metro Realty), has been voluntarily dismissed from this appeal by stipulation. We reverse and remand for a new trial.

During March 1981, the Benefiets purchased a business...

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