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FISHER v. SCHMELING

Civ. No. 930350.

520 N.W.2d 820 (1994)

Wilbur L. FISHER a/k/a Wilbur Fisher, Plaintiff, Appellant and Cross-Appellee, v. Don SCHMELING, individually and as a partner of Continental Real Estate, a partnership; Continental Real Estate, a partnership, Defendants and Appellees, Elmer Dukart and Louise Dukart, Defendants, Appellees and Cross-Appellants.

Supreme Court of North Dakota.

August 24, 1994.

Attorney(s) appearing for the Case

Vince H. Ficek, Reichert, Buresh, Herauf & Ficek, PC, Dickinson, for plaintiff, appellant and cross-appellee Wilbur L. Fisher.

Gary R. Wolberg, Fleck, Mather & Strutz, Bismarck, for defendants and appellees, Don Schmeling and Continental Real Estate.

Michael J. Maus; Howe, Hardy, Galloway & Maus, PC, Dickinson, for defendants, appellees and cross-appellants, Elmer and Louise Dukart.

VANDE WALLE, Chief Justice.

Wilbur Fisher appealed from a district court judgment dismissing his action against defendants Don Schmeling, Continental Real Estate (Continental), and Elmer and Louise Dukart (the Dukarts), arising out of a failed real estate transaction; Fisher sought to recover earnest money in the amount of $33,000 which he had paid to the defendants, plus $10,000 in unspecified damages. The court also dismissed a counterclaim by the Dukarts, who sought...

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