Lee v. Owan

Lee v. Owan, 2003 ND 13, 660 N.W.2d 232

[Go to Documents]Filed Feb. 19, 2003[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2003 ND 13

Margaret Lee and Agnes Nichol, Plaintiffs and Appellees
v.
Charles Owan, Jr., Defendant and Appellant

No. 20020253

Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable William W. McLees, Judge.
AFFIRMED.
Per Curiam.
LeRoy P. Anseth (submitted on brief), Anseth Johnson Law Firm, P.O. Box 1, Williston, N.D. 58802-0001, for plaintiffs and appellees.
Dean A. Frantsvog, Olson Burns Lee, P.O. Box 1180, Minot, N.D. 58702-1180, for defendant and appellant.

Lee v. Owan
No. 20020253

Per Curiam.

[¶1] Charles Owan, Jr., appealed from a judgment ordering him to pay money to Margaret Lee and Agnes Nichol under an oral contract to purchase land from them. The trial court found the terms of the oral contract were definite and the parties' performance was sufficient to remove the oral contract from the statute of frauds. We conclude the trial court's findings are not clearly erroneous under N.D.R.Civ.P. 52(a). Lee and Nichol claim Owan's appeal is frivolous and seek attorney fees under N.D.C.C. § 28-26-01. We conclude Owan's appeal is not frivolous, and we deny the request for attorney fees. We affirm the judgment under N.D.R.App.P. 35.1(a)(2).

[¶2]Gerald W. VandeWalle, C.J.
Mary Muehlen Maring
William A. Neumann
Dale V. Sandstrom
Carol Ronning Kapsner