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JOHNSON FARMS v. McENROE

Civil No. 970045.

568 N.W.2d 920 (1997)

1997 ND 179

JOHNSON FARMS, a general partnership, Plaintiff and Appellant, v. George E. McENROE and Donna McEnroe, Defendants and Appellees.

Supreme Court of North Dakota.

September 10, 1997.

Attorney(s) appearing for the Case

Douglas A. Christensen (argued), of Pearson, Christensen, Larivee, Clapp, Fiedler & Fischer, Grand Forks, for plaintiff and appellant.

Robert Vaaler (argued), of Vaaler, Warcup, Woutat, Zimney & Foster, Grand Forks, for defendants and appellees.

NEUMANN, Justice.

[¶ 1] Johnson Farms, a general partnership, appealed from a summary judgment dismissing its action against George and Donna McEnroe seeking specific performance of an oral agreement for the purchase of real property, or in the alternative, a return of part of the purchase price it paid for property adjacent to that for which specific performance is sought. We conclude summary judgment was inappropriately granted because there exist genuine issues...

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