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KOST v. KRAFT

No. 20100159.

795 N.W.2d 712 (2011)

2011 ND 69

Jim KOST, Plaintiff and Appellee v. Allen M. KRAFT, Defendant and Appellant.

Supreme Court of North Dakota.

March 25, 2011.

Attorney(s) appearing for the Case

Derrick Lance Braaten , Bismarck, N.D., for plaintiff and appellee.

Chad Rory McCabe , Bismarck, N.D., for defendant and appellant.

MARING, Justice.

[¶ 1] Allen Kraft appeals from a summary judgment dismissing his counterclaims against Jim Kost for money due under alleged oral agreements for Kraft to lease Kost combining equipment in 2003 and 2004 and for Kraft to do custom combining for Kost in 2005. Kraft argues the district court erred in deciding his claimed oral agreements were not enforceable under the statute of frauds and his counterclaims could not be pursued in this action because...

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