Rohrich v. Kaplan

ERICKSTAD, Chief Justice.

Elizabeth Kaplan appeals a Judgment of the Kidder County District Court ordering specific performance of a contract for the sale of certain real property by her to Katherine Rohrich. In a trial without a jury, the court found that an oral contract existed and was made enforceable by a written memorandum and part performánce. Mrs. Kaplan assigns error to this finding and argues alternatively that the contract had been properly rescinded, and even if it had not, specific performance was not proper because of the equities of the situation.

Mrs. Rohrich alleges in her…