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INDUSTRIAL COM'N OF NORTH DAKOTA v. NOACK

No. 20060067.

721 N.W.2d 698 (2006)

2006 ND 195

The INDUSTRIAL COMMISSION OF NORTH DAKOTA, Acting as the North Dakota Housing Finance Agency, Plaintiff and Appellee, v. Kelly M. NOACK, a single person, Defendant and Appellant.

Supreme Court of North Dakota.

September 13, 2006.

Attorney(s) appearing for the Case

Alan Martin McDonagh, Special Assistant Attorney General, and Joseph R. Ellig, third-year law student, Grand Forks, N.D., for plaintiff and appellee.

Mark G. Schneider, Schneider, Fargo, N.D., for defendant and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Kelly Noack appealed from a district court judgment foreclosing a mortgage and dismissing her counterclaim seeking a declaratory judgment of rescission. We affirm, concluding Noack was not entitled to rescission of the promissory note and mortgage.

I

[¶ 2] On July 26, 2001, Noack executed a purchase agreement to buy a three-bedroom house in Hickson from Ryan...

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