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RUSSELL LAND CO. v. MANDAN CHRYSLER-PLYMOUTH

Civ. No. 10954.

377 N.W.2d 549 (1985)

RUSSELL LAND COMPANY, a North Dakota partnership, Plaintiff and Appellee, v. MANDAN CHRYSLER-PLYMOUTH, INC., Defendant and Appellant.

Supreme Court of North Dakota.

November 21, 1985.

Attorney(s) appearing for the Case

Bair, Brown & Kautzmann, Mandan, for defendant and appellant; argued by Malcolm H. Brown.

Kelsch, Kelsch, Ruff & Austin, Mandan, for plaintiff and appellee; argued by William C. Kelsch.

MESCHKE, Justice.

Mandan Chrysler-Plymouth, Inc., ("MCPI") appeals from a judgment (1) holding that false representations of insolvency justified rescission of Russell Land Company's written release of MCPI's lease obligation for rent of a building, and (2) awarding Russell a judgment of $32,601.32 for net rent due after certain mitigations. We affirm.

Russell leased a building to MCPI, which it used for an automobile dealership. In conversations during the...

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