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MARSH v. BINSTOCK

Civ. No. 900159.

462 N.W.2d 172 (1990)

Steven F. MARSH and Bertha Marsh, Plaintiffs, Appellees and Cross-Appellants, v. Myron BINSTOCK, Defendant, and Martin Decker, Jr., Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

October 31, 1990.

Attorney(s) appearing for the Case

George T. Dynes (argued), of Freed, Dynes, Reichert & Buresh, P.C., Dickinson, for plaintiffs, appellees and cross-appellants.

David F. Senn (argued), of Baird & Senn, Dickinson, for defendant, appellant and cross-appellee.

LEVINE, Justice.

Martin Decker, Jr., appeals from a summary judgment awarding damages for conversion to Steven and Bertha Marsh [hereinafter collectively "Marsh"] against Decker and Myron Binstock. Marsh cross-appeals from the court's refusal to award legal fees and other costs of recouping the property. We reverse the summary judgment and remand for trial.

Marsh sold Binstock certain farm real estate on a contract for deed which was properly recorded. The...

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