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ANDERSON v. SELBY

No. 20040289.

700 N.W.2d 696 (2005)

2005 ND 126

Arthur N. ANDERSON and Ann Anderson, Plaintiffs, Appellants and Cross-Appellees v. Thomas D. SELBY, Defendant, Appellee and Cross-Appellant.

Supreme Court of North Dakota.

July 13, 2005.

Attorney(s) appearing for the Case

H. Malcolm Pippin, Nilles, Ilvedson, Stroup, Plambeck & Selbo, Ltd., Williston, N.D., for plaintiffs, appellants and cross-appellees.

Charles L. Neff, Neff, Eiken & Neff, P.C., Williston, N.D., for defendant, appellee and cross-appellant.

MARING, Justice.

[¶ 1] Arthur and Ann Anderson appealed from a summary judgment dismissing their action against Thomas Selby to reform a warranty deed to include a reservation of a flowage easement. Selby cross-appealed from the trial court's refusal to award him attorney fees for breach of warranty in defending the Andersons' action. We conclude the trial court erred in granting summary judgment on the Andersons' reformation claim, and we reverse and remand...

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