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GRESS v. KOCOUREK

Civ. No. 880052.

427 N.W.2d 815 (1988)

Clementina C. Schmidt GRESS, Plaintiff and Appellee, v. John W. KOCOUREK and Frances Jean Kocourek, husband and wife; Defendants and Appellants, and Bank of Steele, Defendant.

Supreme Court of North Dakota.

August 16, 1988.

Attorney(s) appearing for the Case

Schlosser Law Firm, and Keith A. Wolberg, Bismarck, for plaintiff and appellee; argued by James D. Schlosser.

Lundberg, Nodland, Schulz & Lervick, Bismarck, for defendants and appellants John W. Kocourek and Frances Jean Kocourek; argued by Timothy D. Lervick.

MESCHKE, Justice.

John and Frances Kocourek appealed from a summary judgment foreclosing their contract for deed with Clementina Gress. We affirm the judgment but, on remand, direct the trial court to set a new period of redemption.

On February 9, 1985, John and Frances Kocourek contracted to buy 420 acres of agricultural land from Clementina Gress for $130,000. Kocoureks paid $30,000 down and also paid the first annual installment due on January 1, 1986....

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