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WACHTER DEVELOPMENT, L.L.C. v. GOMKE

Civil No. 950347.

544 N.W.2d 127 (1996)

WACHTER DEVELOPMENT, L.L.C., Plaintiff, Appellant and Cross-Appellee v. Arnold A. GOMKE, individually and as agent for co-defendants; Nyla J. Kilber; Wayne A. Kilber; and Luella J. Gomke, Defendants, Appellees and Cross-Appellants.

Supreme Court of North Dakota.

February 28, 1996.

Attorney(s) appearing for the Case

Clark J. Bormann (argued), of Bair, Bormann and Bair, Mandan, for plaintiff, appellant, and cross-appellee. Appearance by Bradley J. Beehler.

James P. Rausch (argued), of Rausch Law Office, Bismarck, for defendants, appellees, and cross-appellants.

LEVINE, Justice.

Wachter Development, L.L.C., appeals from a summary judgment dismissing its complaint against Arnold A. Gomke, individually, and as an agent for the other defendants, Nyla J. Kilber, Wayne A. Kilber, and Luella J. Gomke, for specific performance of a contract to sell real property, damages, or other relief. Gomkes and Kilbers cross-appealed from the denial of their request for attorney fees. We reverse and remand.

Gomkes and Kilbers [owners...

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