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EGGL v. LETVIN EQUIPMENT CO.

No. 20000318.

632 N.W.2d 435 (2001)

2001 ND 144

Garth EGGL, Plaintiff, Appellee and Cross-Appellant, v. LETVIN EQUIPMENT COMPANY, Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

August 29, 2001.

Attorney(s) appearing for the Case

George M. Ackre, Ackre Law Firm, Cando, ND, for plaintiff, appellee, and cross-appellant. Appearance by Shawn D. Ackre.

David F. Senn, Senn Law Office, Dickinson, ND, for defendant, appellant, and cross-appellee.

MARING, Justice.

[¶ 1] Letvin Equipment Company ("Letvin") has appealed a judgment in favor of Garth Eggl in Eggl's suit for damages arising out of Eggl's purchase of a used tractor. Eggl cross-appealed. We affirm.

I

[¶ 2] In November 1996, Eggl purchased from Letvin a 1985 John Deere 4850 tractor for $47,500. Letvin represented the tractor was in good working condition, and warranted it for "100 hrs or June 1, 1997 whichever is 1st." A...

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