Balsam v. Buehner

PAULSON, Justice.

This is an appeal from a summary judgment of the Morton County District Court for specific performance of an earnest money contract.

The defendant and appellant, James Buehner [“Buehner”], was the owner of certain real estate in Morton County, North Dakota. On September 8, 1977, Buehner and the plaintiff and appellee, E. G. Balsam, a/k/a Doc Balsam [“Balsam”] entered into an earnest money contract for the purchase of certain real estate. Balsam was the lessee of this property at the time it was purchased by Buehner.

The earnest money contract stated that Balsam was to pay…