Lumley v. Kapusta

VANDE WALLE, Chief Justice.

[¶ 1] Jerry and Linda Lumley appealed from a judgment dismissing their action against Elaine Kapusta for specific performance of an oral contract to convey real property located in Mountrail County. Because the district court’s finding that there was no enforceable oral contract between the parties is not clearly erroneous, we affirm the judgment.

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[¶ 2] The Lumleys were long-time tenant farmers of Kapusta’s property in Mountrail County. Kapusta resided in Virginia and wanted to sell her North Dakota property. Linda Lumley and Kapus-ta had telephone conversations…