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WILHITE v. CENTRAL INV. PROPERTIES

Civ. No. 11276.

409 N.W.2d 348 (1987)

I.J. WILHITE; First Bank of North Dakota, Fargo, North Dakota, Trustee of the Timothy B. Atkinson Trust, Trustee of the Kathleen L. Atkinson Trust, Trustee of the Thomas P. Atkinson Trust, Trustee of the Patrick J. Atkinson Trust, Trustee of the Elizabeth J. Atkinson Trust, Trustee of the John M. Atkinson Trust, Trustee of the Paul J. Atkinson Trust; and R.F. Schirber, Plaintiffs and Appellees, v. CENTRAL INVESTMENT PROPERTIES, a Partnership, Harlan Heinsohn, Gerald W. Engel, William C. Kelsch, Don L. Russell, F.H.M. Inc., Thomas D. Kelsch, Richard D. Olson, and Ernest B. Borr, Defendants and Appellants.

Supreme Court of North Dakota.

July 6, 1987.

Attorney(s) appearing for the Case

Fleck, Mather, Strutz & Mayer, Bismarck, for plaintiffs and appellees; argued by Robert J. Udland; appearance by Russell R. Mather.

Kelsch, Kelsch, Ruff & Austin, Mandan, for defendants and appellants; argued by William C. Kelsch.

MESCHKE, Justice.

Central Investment Properties appeals from a judgment awarding $30,673.67 to I.J. Wilhite and others, denying Central a declaratory judgment fixing the option price for one parcel of land, and denying Central restitution of part of its purchase price for a partial assignment of an option on land. We affirm.

I. BACKGROUND

On August 20, 1974, I.J. Wilhite and Myron Atkinson obtained a ...

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