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SPITZER v. BARTELSON

No. 20090124.

773 N.W.2d 798 (2009)

2009 ND 179

Harold SPITZER, Plaintiff and Appellant v. Neil R. BARTELSON and Delila Bartelson, Defendants and Appellees.

Supreme Court of North Dakota.

October 13, 2009.

Attorney(s) appearing for the Case

Kent A. Reierson, Williston, ND, for plaintiff and appellant.

Bruce A. Selinger, Dickinson, ND, for defendants and appellees.

KAPSNER, Justice.

[¶ 1] Harold Spitzer appeals from a district court amended judgment dismissing his complaint seeking to reform a quitclaim deed on the basis of a mutual mistake. We hold the district court did not abuse its discretion by admitting parol evidence to determine whether a mutual mistake existed, and the district court was not clearly erroneous to find Harold Spitzer failed to establish a mutual mistake sufficient to support reformation. We affirm...

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