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JEDCO DEVELOPMENT CO., INC. v. BERTSCH

Civ. No. 890036.

441 N.W.2d 664 (1989)

JEDCO DEVELOPMENT CO., INC., a North Dakota Corporation, Plaintiff and Appellant, v. Joe BERTSCH, Defendant, Appellee, Third-party Plaintiff, and Cross-plaintiff, v. Vern OWAN, Charles Owan, Jr., and Roger DeVries, Defendants and Cross-defendants, v. Chuck HAMERS and Leo H. Dobler, Third-party Defendants.

Supreme Court of North Dakota.

June 6, 1989.

Attorney(s) appearing for the Case

Lolita G. Hartl Romanick (argued) and Russel G. Robinson, of McGee, Hankla, Backes & Wheeler, P.C., Minot, for plaintiff and appellant.

Charles L. Neff, of Bjella Neff Rathert Wahl & Eiken, Williston, for defendant, appellee, third-party plaintiff and cross-plaintiff.

VANDE WALLE, Justice.

This is an appeal from a summary judgment of the district court for Williams County dismissing the claim of Jedco Development Co. that Bertsch remained liable under a lease agreement entered between the two parties after Bertsch assigned the lease to another party. We reverse and remand for further proceedings.

In 1982, Bertsch, Roger DeVries, Charles Owan, Jr., and Vernon Owan (hereinafter referred to as Bertsch), signed a lease with...

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