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BUTLER v. ROBERTS

Civ. No. 880199.

437 N.W.2d 839 (1989)

Gregory F. BUTLER, Plaintiff and Appellant, v. Kenneth R. ROBERTS, Defendant and Appellee.

Supreme Court of North Dakota.

March 21, 1989.

Attorney(s) appearing for the Case

Wefald Law Office, Ltd., Bismarck, for plaintiff and appellant; argued by Robert O. Wefald.

Evans & Moench, Ltd., Bismarck, for defendant and appellee; argued by David L. Evans.

MESCHKE, Justice.

Gregory F. Butler appealed from an unfavorable judgment on his claim against Kenneth R. Roberts for the balance due on a promissory note. We affirm.

In 1981, Roberts and his wife, Colleen Roberts, executed a note for $10,000 to Butler. They also gave Butler a security agreement and financing statement pledging several horses as security for the debt. In 1983, the Roberts executed a note for $16,084.93 to Butler. The 1983 note said: "This...

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