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BRUNSOMAN v. SCARLETT

Civ. No. 900234.

465 N.W.2d 162 (1991)

Willard C. BRUNSOMAN, Jr., Plaintiff and Appellee, v. Robert K. SCARLETT, Defendant and Appellant.

Supreme Court of North Dakota.

January 16, 1991.

Attorney(s) appearing for the Case

Kelsch, Kelsch, Ruff & Austin, Mandan, for plaintiff and appellee; Thomas F. Kelsch (argued).

Zuger, Kirmis, Bolinske & Smith, Bismarck, for defendant and appellant; Jerry W. Evenson (argued).

LEVINE, Justice.

Robert K. Scarlett appeals from a partial summary judgment declaring that Scarlett owed Willard C. Brunsoman, Jr., $203,291.40 on a contract for deed and ordering a jury trial to determine the fair value of the subject property for purposes of applying the provisions of the anti-deficiency judgment law. Following a jury trial, judgment was entered awarding Brunsoman a deficiency judgment of $56,825.56. The questions before us are whether procedural...

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