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BELGARDE v. ROSENAU

Civ. No. 11116.

388 N.W.2d 129 (1986)

Cindy BELGARDE, Plaintiff and Appellant, v. Lorenz ROSENAU and the Winona Monument Company, a foreign corporation, Defendants and Appellees.

Supreme Court of North Dakota.

June 6, 1986.

Attorney(s) appearing for the Case

Chapman & Chapman, Bismarck, and Swain Benson, Bottineau, for plaintiff and appellant; argued by Charles L. Chapman.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendants and appellees Winona Monument Co.; argued by Curtis L. Wike.

LEVINE, Justice.

Cindy Belgarde appeals from a district court judgment dismissing her action against Winona Monument Company [Winona]. We reverse and remand for trial.

Shortly after Belgarde's husband died in 1978, she purchased a grave headstone from Lorenz Rosenau, a Winona dealer. Belgarde was to make $100 monthly payments to pay for the $686 headstone. Belgarde received billing statements directly from Winona, but made the payments to Rosenau. A dispute...

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