SOUTH FORKS SHOPPING CTR. v. DASTMALCHI

Civ. No. 890018.

446 N.W.2d 440 (1989)

SOUTH FORKS SHOPPING CENTER, INC., Plaintiff and Appellant, v. Yahya DASTMALCHI, individually and d/b/a Prestige Fashion Shoes, Defendant and Appellee.

Supreme Court of North Dakota.

September 26, 1989.


Attorney(s) appearing for the Case

Vaaler, Gillig, Warcup, Woutat, Zimney & Foster, Grand Forks, for plaintiff and appellant; argued by Sandra B. Dittus, Grand Forks.

Shaft, Reiss, Ingstad & Shaft, Grand Forks, for defendant and appellee; argued by Jack W. Ingstad, Grand Forks.


MESCHKE, Justice.

South Forks Shopping Center sued to evict Yahya Dastmalchi, doing business as Prestige Shoes, from its shopping center. The county court enforced an agreement by South Forks to lease Dastmalchi other space and dismissed the eviction claim. We reverse.

On July 9, 1988, South Forks and Dastmalchi agreed upon a settlement about unpaid rents which cancelled his store lease in the shopping center, settled...

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