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ECKERT v. ECKERT

Civ. No. 870297.

425 N.W.2d 914 (1988)

Gaila ECKERT as Personal Representative of the Donovan Eckert Estate, Plaintiff and Appellant, v. Ben ECKERT, Defendant and Appellee.

Supreme Court of North Dakota.

July 19, 1988.

Attorney(s) appearing for the Case

Pringle & Herigstad, P.C., Minot, for plaintiff and appellant; argued by John J. Petrik.

Kenner Law Firm, P.C., Minot, for defendant and appellee; argued by Harris P. Kenner.

GIERKE, Justice.

Gaila Eckert, as personal representative of the estate of Donovan Eckert, appeals from a district court judgment dismissing her action against Ben Eckert. We reverse and remand for a new trial.

Ben Eckert was Donovan Eckert's uncle. In 1959 the two formed a partnership and engaged in farming and ranching as the "E-7 Ranch." No formal partnership agreement was ever executed. Donovan died in 1982...

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