Kohler v. Cole

This is an appeal from an order which set aside a warrant of attachment. The plaintiff brought this action under the declaratory judgment act (NDRC 1943, 32-23) to obtain a declaration of the rights of the plaintiffs and the defendant under a written contract for the sale of land. The complaint alleges the execution of the contract and the terms thereof, that certain payments have been made by the plaintiffs, that the defendant before the commencement of the action demanded *228one-half of-the 1951 crop contrary to said contract, and that under'date of August 31,1951; defendant attempted to…