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BORSHEIM v. O & J PROPERTIES

Civ. No. 910258.

481 N.W.2d 590 (1992)

Violet O. BORSHEIM and George R. Borsheim, Plaintiffs and Appellees, v. O & J PROPERTIES, a partnership, consisting of R.E. Jacobsen, Charles Owan, Jr., Vernon Owan and Mitchell Owan, partners, and R.E. Jacobsen, individually, Charles Owan, Jr., individually, Vernon Owan, individually, and Mitchell Owan, individually, Defendants and Appellants.

Supreme Court of North Dakota.

As Corrected March 19, 1992.

Attorney(s) appearing for the Case

Bjella, Neff, Rathert, Wahl & Eiken, PC, Williston, for plaintiffs and appellees; argued by Charles L. Neff.

Wheeler Wolf Law Firm, Bismarck, for defendants and appellants; argued by Orell D. Schmitz, appearance by Joseph J. Cichy.

ERICKSTAD, Chief Justice.

R.E. Jacobsen, Charles Owan, Jr., Vernon Owan, and Mitchell Owan, individually and as partners of O & J Properties (hereafter Owans) appeal from the judgment of the District Court for Williams County granting Violet and George Borsheim (hereafter Borsheims) summary judgment, rescinding an agreement between the parties. We affirm in part, modify in part and remand.

The Borsheims filed this action on April 22, 1991, seeking rescission...

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