Jensen v. Weyrens

I respectfully dissent on the survey cost allocation because the trial court failed to give effect to its own key findings of fact. They are:

9. In September of 1983, Plaintiff Jensen purchased the property from Defendant Weyrens on a Contract for Deed. It was recited in the purchase agree*266ment, that if the property description was incorrect, that it would be corrected at Weyrens’ expense; and that Jensen was guaranteed 115 feet of shoreline.

32. Defendant Weyrens knew that there was a boundary dispute when he sold the property to Jensen; he guaranteed 115 feet of shoreline and if there was a…