DES LACS VALLEY LAND CORP. v. HERZIG

No. 20000033.

621 N.W.2d 860 (2001)

2001 ND 17

DES LACS VALLEY LAND CORP., Plaintiff and Appellant, v. Daniel HERZIG a/k/a Dan Herzig a/k/a Daniel E. Herzig, Violet Herzig, Karla D. Herzig, and James Herzig, Defendants and Appellees.

Supreme Court of North Dakota.

February 1, 2001.


Attorney(s) appearing for the Case

Shane C. Goettle, McGee, Hankla, Backes & Dobrovolny, Minot, ND, for plaintiff and appellant.

Gary H. Lee, Olson Burns Lee, Minot, ND, for defendants and appellees.


VANDE WALLE, Chief Justice.

[¶ 1] Des Lacs Valley Land Corporation appealed an amended judgment ordering it and Alphild Herzig to convey their interest in approximately 60 acres of land, called Outlot 1, to Violet Herzig upon her payment of $10,000, and declaring void Des Lacs' mortgage on Outlot 1 to Katz, Inc. We hold Violet Herzig was entitled to specific performance of agreements requiring Immobilien, Inc., a wholly owned subsidiary of Des Lacs, to convey...

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