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WEST v. CARLSON

Civ. No. 890173.

454 N.W.2d 307 (1990)

Paul WEST and Mary West, husband and wife, Plaintiffs, Appellees and Cross-Appellants, v. Gary CARLSON and Jean Carlson, band and wife, Defendants, Appellants and Cross-Appellees.

Supreme Court of North Dakota.

March 27, 1990.

Attorney(s) appearing for the Case

Wegner, Fraase, Nordeng & Johnson, Fargo, for plaintiffs, appellees and cross-appellants; argued by Mervin Nordeng.

Garaas Law Firm, Fargo, for defendants, appellants and cross-appellees; argued by Jonathan T. Garaas.

MESCHKE, Justice.

Gary and Jean Carlson appealed from a judgment awarding Paul and Mary West $93,680 plus interest for deceit and for breach of contract. The Wests cross-appealed from the court's refusal to rescind the contract. We affirm.

The Wests owned 400 acres in Cass County, North Dakota. The Carlsons owned the 26 acres and house on lot 23 in Gallatin County near Bozeman, Montana, and were purchasing the 20 adjacent acres on lot 19 by contract for deed...

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