Nodland v. Nokota Co.

SAND, Justice.

This is an appeal by the plaintiffs, Randolph Nodland and Ileene Nodland [the Nodlands], from a summary judgment dismissing their complaint against the defend ant, The Nokota Company [Nokota] on the grounds that the subject matter was res judicata.

Many of the facts relative to this appeal are set forth in the case of Nodland v. Plainsmen Petroleum, Inc., 265 N.W.2d 252 (N.D.1978), which involved an action by the Nodlands to rescind a lease by which the Nodlands conveyed to Plainsmen Petroleum, Inc., [Plainsmen] a leasehold interest in the coal reserves underlying certain lands…