Schroeder v. Buchholz

SANDSTROM, Justice.

[¶ 1] Dennis Buchholz appeals from a district court order imposing a constructive trust in favor of Donald and Evelyn Schroeder. Concluding the elements of a constructive trust were sufficiently established but the district court’s remedy was improper, we affirm in part, reverse in part, and remand for farther proceedings.

I

[¶ 2] In 1981 Dennis and Donna Buch-holz, along with Donna Buchholz’s parents — Donald and Evelyn Schroeder, inspected a 23-acre 1 tract of land for sale near Colfax, North Dakota. Prior to closing the purchase, the Schroeders gave the Buchholzes a paper…