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KNORR v. NORBERG

No. 20130084.

844 N.W.2d 919 (2014)

2014 ND 74

Robert D. KNORR and Cheri Knorr, Plaintiffs and Appellees v. Jon NORBERG and Alonna Norberg, Defendants. Jon Norberg, Appellant.

Supreme Court of North Dakota.

April 9, 2014.

Attorney(s) appearing for the Case

Sheldon A. Smith (argued) and David J. Smith (on brief), Bismarck, N.D., for plaintiffs and appellees.

James R. Bullis (argued) and Michael S. Montgomery (on brief), Fargo, N.D., for appellant.

KAPSNER, Justice.

[¶ 1] Jon Norberg appeals from a judgment allowing Robert and Cheri Knorr to buy back certain McLean County real property under an oral agreement. We conclude the district court erred in holding partial performance of an oral lease agreement with an alleged option to purchase removed the oral agreement from the statute of frauds. We reverse and remand for the court to consider the Knorrs' alternative theories of recovery based on equitable principles...

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