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RINK v. NPN, INC.

Civ. No. 870115.

419 N.W.2d 194 (1988)

Delmer RINK, d/b/a Delmer Rink Construction, Plaintiff and Appellant, v. NPN, INC., a North Dakota corporation, Defendant, and Clark Equipment Credit Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

February 8, 1988.

Attorney(s) appearing for the Case

Kent M. Morrow (argued), Watford City, for plaintiff and appellant.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for defendant. No appearance.

McIntee & Whisenand, P.C., Williston, for defendant and appellee; argued by Kathleen Key-Imes.

ERICKSTAD, Chief Justice.

Delmer Rink, d/b/a Delmer Rink Construction (Rink), appealed from a district court summary judgment entered in Rink's action against N.P.N., Inc. (N.P.N.), and Clark Equipment Credit Corporation (Clark) for reformation or rescission of a retail installment contract. We affirm.

On November 11, 1980, Rink executed a retail installment contract for the purchase of a 1980 Komatsu tractor for $189,008.53 from N.P.N. N.P.N. assigned the...

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