[Go to Documents] | Filed July 5, 1990 |
Colleen Popelka, as Personal Representative of the Estate of Galen L. Popelka, Plaintiff and Appellee
v.
Anton Popelka and Ann S. Popelka, Defendants and Appellants
Civil No. 900070CA
Appeal from the District Court for Morton County, South Central Judicial District, the Honorable Gerald G. Glaser, Judge.
AFFIRMED.
Opinion of the Court by Bakken, Chief Judge.
Tuntland & Donovan (Mandan Office), P.O. Box 1315, Mandan, ND 58554, for plaintiff and appellee; argued by Patrick A. Donovan.
Lester J. Schirado (argued), 109-1st Street Northwest, Mandan, ND 58554, for defendants and appellants.
Popelka v. Popelka
Bakken, Chief Judge.
Anton and Ann S. Popelka appealed from a district court judgment enforcing a contract for deed between them and Colleen Popelka, as personal representative of the estate of Anton and Ann's deceased son, Galen Popelka. The district court concluded that the contract for deed was enforceable against Anton and Ann, the vendors, because they were "the party to be charged" under Section 9-06-04, N.D.C.C. We affirm under Rule 35.1(a)(7), N.D.R.App.P., and Petroleum Exchange Inc. v. Poynter, 64 N.W.2d 718 (N.D. 1954).
A.C. Bakken, S.J.
William A. Neumann, D.J.
Everett Nels Olson, D.J.