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LANGER v. BARTHOLOMAY

No. 20070056.

745 N.W.2d 649 (2008)

2008 ND 40

Henry J. LANGER, Mary Ann Weiss, Plaintiffs, Appellants and Cross— Appellees and Josephine I. Pender, Plaintiff v. Lyle BARTHOLOMAY and Kelly A. Thompson, d/b/a B & T Farms, Defendants, Appellees and Cross-appellants.

Supreme Court of North Dakota.

February 29, 2008.

Attorney(s) appearing for the Case

Joel M. Fremstad (argued) and Kristi L.

Haugen (on brief), Nilles, Ilvedson, Plambeck & Selbo, Ltd., Fargo, N.D., for plaintiffs, appellants and cross-appellees.

Jonathan T. Garaas, Garaas Law Firm, DeMores Office Park, Fargo, N.D., for defendants, appellees and cross-appellants.

VANDE WALLE, Chief Justice.

[¶ 1] Henry J. Langer and Mary Ann Weiss ("landowners") appeal, and Lyle Bartholomay and Kelly A. Thompson, doing business as B & T Farms, cross-appeal from a judgment entered after a bench trial awarding B & T Farms $37,081.82 for the breach of a farm lease. We conclude the district court's findings that B & T Farms did not breach the lease by producing sugar beets on the land, the landowners' repudiation constituted an...

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