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KOHANOWSKI v. BURKHARDT

No. 20110317.

821 N.W.2d 740 (2012)

2012 ND 199

Jon KOHANOWSKI, Plaintiff and Appellee v. Jessica B. BURKHARDT, Defendant and Appellant.

Supreme Court of North Dakota.

September 25, 2012.

Attorney(s) appearing for the Case

Tyler S. Carlson (argued) and Michael L. Gust (on brief), Fargo, N.D., for plaintiff and appellee.

Jonathan T. Garaas , Fargo, N.D., for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] Jessica Burkhardt appealed from a district court judgment awarding damages to Jon Kohanowski for the unpaid balance of a loan and ordering Burkhardt to pay costs and attorney fees. We reverse, concluding the alleged oral loan agreement was barred by the statute of frauds.

I

[¶ 2] Burkhardt was engaged to marry Shaun Kohanowski, Jon Kohanowski's brother. In 2006, Shaun Kohanowski and Burkhardt were planning to purchase...

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