Johnson Farms v. McEnroe

On Petition for Rehearing.

NEUMANN, Justice.

[¶ 27] On August 28, 2002, Johnson Farms petitioned for rehearing. We granted the petition, restored this cause to the calendar, requested briefs and heard arguments. In the original opinion in this case, Johnson Farms v. McEnroe, 2002 ND 122, 647 N.W.2d 698 (“Johnson Farms III”), a majority of this Court held the trial court clearly erred in finding no oral agreement existed, the exchange was for property of equal value, and no refund for overpayment was owed to Johnson Farms. We concluded the evidence clearly showed an oral contract existed between…