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BOE v. ROSE

Civil No. 970254.

574 N.W.2d 834 (1998)

1998 ND 29

Tracy BOE, Plaintiff and Appellee, v. Robert Wayne ROSE, Personal Representative of the Estate of Hilda Kangas, Defendant and Appellant.

Supreme Court of North Dakota.

February 12, 1998.

Attorney(s) appearing for the Case

John R. Gregg, Bottineau, for plaintiff and appellee.

Arne F. Boyum, Rolla, for defendant and appellant.

MARING, Justice.

[¶ 1] Robert Wayne Rose (Rose), personal representative of the Estate of Hilda Kangas, appealed from a summary judgment awarding Tracy Boe specific performance of a real estate purchase contract. We conclude there is a material issue of fact whether Boe was a good faith purchaser under N.D.C.C. § 30.1-18-14, and we reverse and remand for a trial on that issue.

[¶ 2] Hilda Kangas died testate January 8, 1994. Her will devised...

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