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ABEL v. ALLEN

No. 20020069.

651 N.W.2d 635 (2002)

2002 ND 147

James J. ABEL, Plaintiff and Appellant, v. Earl ALLEN, d/b/a Oak Park Leasing, Defendant and Appellee.

Supreme Court of North Dakota.

August 29, 2002.

Attorney(s) appearing for the Case

Michael Ward, Eaton, Van de Streek & Ward, Heritage Place, Minot, ND, for plaintiff and appellant.

Moody M. Farhart, Farhart Law Firm, Minot, ND, for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] James Abel appealed a judgment dismissing his complaint against Earl Allen, doing business as Oak Park Leasing. We conclude Abel's claim is barred by the statute of limitations, and we affirm.

I

[¶ 2] Abel and another person leased a building from Allen on April 27, 1989, for a period of five years, beginning June 1, 1989, and ending May 31, 1994. The lease gave Abel an option to purchase the premises:

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