Diemert v. Johnson

*547’ SAND, Justice.

This is an appeal from a judgment cancel-ling a contract for deed between the vendors, Clayton and Florence Diemert, and the vendees, Kenneth and Laurel Johnson, and dismissing the Johnson’s counterclaim seeking rescission of the contract on the basis of fraud.

The Diemerts sought to cancel the contract for deed for the sale of property known as Scotty’s Kampsite near Eckelson, North Dakota. The property was sold by the Diemerts through an agent, Lloyd Lorenz, of Devils Lake, North Dakota. Lorenz was a real estate agent with Heritage Realty of Fargo and also a schoolteacher at…