Kauk v. Kauk

Kapsner, Justice.

[¶ 1] Herman Kauk, Sr. and Cletis Kauk appeal from a district court order granting Herman Kauk, Jr. and Christy Kauk declaratory relief and declaring the issue of reformation not res judicata. Herman Kauk, Sr. and Cletis Kauk also appeal from a district court order to clarify the purchase price. Concluding the district court abused its discretion by granting declaratory relief, we reverse the district court’s orders and remand for entry of an order of dismissal.

I

[¶ 2] Herman Kauk, Sr. and Cletis Kauk (“Sellers”) contracted to sell land in McIntosh County to Herman Kauk, Jr.…