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ROSENBERG v. SON, INC.

Civ. No. 920072.

491 N.W.2d 71 (1992)

Harold ROSENBERG and Gladys E. Rosenberg, Plaintiffs and Appellants, v. SON, INC. and Mary Pratt, Defendants and Appellees.

Supreme Court of North Dakota.

October 6, 1992.

Attorney(s) appearing for the Case

Brink, Sobolik, Severson, Vroom & Malm, PA, Hallock, Minn., for plaintiffs and appellants; argued by Ronald C. Vroom.

Olson, Sturdevant and Burns, Minot, for defendant and appellee Son, Inc.; argued by Richard P. Olson.

Moosbrugger, Ohlsen, Dvorak & Carter, Grand Forks, for defendant and appellee Mary Pratt; argued by Shaun G. Jamison, Sr. Law Student; appearance by Shirley A. Dvorak.

ERICKSTAD, Chief Justice.

Harold Rosenberg and Gladys E. Rosenberg (Rosenbergs) appeal two district court decisions granting summary judgment in favor of Son, Inc., and Mary Pratt. We reverse and remand for further proceedings.

On February 8, 1980, Pratt entered into a contract for the sale of a business with the Rosenbergs, agreeing to purchase the Rosenbergs' Dairy Queen located in the City Center Mall in Grand Forks. The terms of the sales contract for...

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