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HEUPEL, INC. v. SCHUCH

Civ. No. 890258.

453 N.W.2d 776 (1990)

HEUPEL, INC., Plaintiff and Appellee, v. Lovilla L. SCHUCH, Defendant and Appellant.

Supreme Court of North Dakota.

March 27, 1990.

Attorney(s) appearing for the Case

Engelter Law Office, Mandan, for plaintiff and appellee; argued by William G. Engelter.

Vogel Law Firm, Mandan, for defendant and appellant; argued by Joseph A. Vogel.

VANDE WALLE, Justice.

Lovilla Schuch appealed from a judgment granting Heupel, Inc., [Heupel] rescission of an earnest-money agreement. We affirm.

On January 10, 1985, Heupel, by its president Reuben O. Heupel, and Schuch executed an earnest-money agreement wherein Heupel agreed to purchase property in Mandan from Schuch for $25,000. Schuch, a realtor, prepared the agreement, which required Heupel to pay $3,000...

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