Missouri Slope Livestock Auction, Inc. v. Wachter

MORRIS, Judge.

This is an action for damages for breach of a contract to convey real property. A verdict was rendered for the plaintiff and upon appeal to the supreme court a judgment that had been entered pursuant to the verdict was reversed and a new trial granted, N.D., 107 N.W.2d 349, because of erroneous instructions with respect to the measure of damages.

During the pendency of the appeal both of the defendants died. On December 1, 1960, letters of administration of the estate of Eugene C. Wachter were issued to James P. Wachter and Maurice J. Ratzlaff. A hearing on creditors’ claims was…