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BARKER v. NESS

Civil No. 980145

587 N.W.2d 183 (1998)

1998 ND 223

Karen L. BARKER a/k/a Karen L. Violet, Plaintiff and Appellant, v. Jan M. NESS and Cynthia K. Smith, Defendants and Appellees.

Supreme Court of North Dakota.

December 22, 1998.

Attorney(s) appearing for the Case

Michael S. McIntee of McIntee Law Firm, Towner, ND, for plaintiff and appellant.

Harris P. Kenner of Kenner Sturdevant Peterson & Cresap, Minot, N.D., for defendants and appellees.

NEUMANN, Justice.

[¶ 1] Karen Barker appeals from the judgment of the district court rescinding the sale of a home and ordering Jan Ness and Cynthia Smith to pay Barker $33,830.87. We affirm the judgment of the district court and remand for a redetermination of restitution consistent with this opinion.

I

[¶ 2] In 1991, acting as the personal representative for the Estate of Marian Groninger, Jackie Barnett sold a house under a contract...

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