Park District of City of Bismarck v. Bertsch

152 N.W.2d 401 (1967)

PARK DISTRICT OF the CITY OF BISMARCK, a public corporation, Plaintiff and Respondent,

v.

Carl BERTSCH et al., Defendants, and

Margaret H. ERLING, Louise Garske, William R. Mills and Betty Mills, Defendants and Appellants.

No. 8394.

Supreme Court of North Dakota.

July 7, 1967.

Rehearing Denied September 1, 1967.

Zuger, Zuger & Bucklin, Bismarck, for plaintiff and respondent.

William R. Mills, Bismarck, for defendants and appellants.

TEIGEN, Judge (on reassignment).

This is an appeal from a summary judgment upon less than all of the claims.

The action was commenced by the plaintiff,…