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GUST v. PEOPLES AND ENDERLIN STATE BANK

Civ. No. 880378.

447 N.W.2d 914 (1989)

Ben GUST, Plaintiff, Appellant and Cross-Appellee, v. PEOPLES AND ENDERLIN STATE BANK, Defendant, Appellee and Cross-Appellant.

Supreme Court of North Dakota.

November 3, 1989.

Attorney(s) appearing for the Case

DeMars, Turman & Johnson, Ltd., Fargo, for plaintiff, appellant and cross-appellee; argued by Joseph A. Turman and Jonathan R. Fay.

Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for defendant, appellee and cross-appellant; argued by Jack G. Marcil.

GIERKE, Justice.

Ben Gust appeals from a judgment holding him liable to Peoples and Enderlin State Bank [Bank] on a promissory note for $238,651.38. The Bank has cross-appealed from a part of the judgment which rescinded a settlement agreement, promissory note, and warranty deed, and quieted title to certain real property in Gust. We affirm in part, reverse in part, and remand for further proceedings.

In April 1984, Gust, an elderly farmer from Leonard, was...

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