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CAMPBELL FARMS v. WALD

Civil No. 970220.

578 N.W.2d 96 (1998)

1998 ND 85

CAMPBELL FARMS, Faulkner Farms, and Empire Cattle Co., Plaintiffs and Appellees, v. Andrew WALD, Defendant and Appellant.

Supreme Court of North Dakota.

April 28, 1998.

Attorney(s) appearing for the Case

Robin W. Forward, of Kelsch, Kelsch, Ruff & Kranda, Mandan, for plaintiffs and appellees.

Jos. A. Vogel, Jr., of Vogel Law Firm, Mandan, for defendant and appellant.

MESCHKE, Justice.

[¶ 1] Andrew Wald appealed a judgment for Campbell Farms, Faulkner Farms, and Empire Cattle Co. (the Buyers) against Wald awarding damages and refund of the purchase price of an immature Simmental bull. We conclude the trial court should not have ordered partial summary judgment for the price of the bull, and we reverse and remand.

[¶ 2] On February 5, 1994, the Buyers bought Hero, a ten-month-old Simmental bull, for $14,506.50...

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