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KALER v. KRAEMER

No. 990149.

603 N.W.2d 698 (1999)

1999 ND 237

Kip M. KALER, Leland Wolsky, and Larry Kummer, as assignee of Kummer Farms Cooperative, Plaintiffs and Appellants, v. Frederick D. KRAEMER, Defendant and Appellee.

Supreme Court of North Dakota.

December 22, 1999.

Attorney(s) appearing for the Case

Kip M. Kaler, Kaler Law Office, Fargo, ND, for plaintiffs and appellants.

Frederick D. Kraemer, pro se, Lake Park, MN, for the defendant and appellee.

MARING, Justice.

[¶ 1] Kip M. Kaler, Leland Wolsky, and Larry Kummer, as assignee of Kummer Farms Cooperative, appeal from the trial court's order denying their motion to amend the judgment in favor of Frederick Kraemer, which dismissed Appellants' action with prejudice. We conclude Kraemer breached his contract with Appellants by misrepresenting his income. We also conclude Appellants' remedy lies in the terms of their contract with Kraemer. Thus, we reverse...

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