North Dakota Supreme Court November 24, 1908 (Engholm v. Ekrem)

Fisk, J.

This action was brought to determine adverse claims to a small tract of land described in the complaint and- situated *188in the city of Minot. Defendant Ekrem -answered separately, alleging both a written and an oral contract by the terms of which plaintiffs agreed to sell to him and he agreed to purchase a certain portion of the premises and alleging a part performance thereof on his