Johnson Farms v. McEnroe

[¶ 18] I respectfully dissent.

[¶ 19] In Johnson Farms II, we remanded for a new trial on all issues. We noted, however, the “pivotal issue in this case is whether there was an oral agreement for the purchase of the entire 59.17 acres of the McEnroe property.” 2000 ND 137, ¶ 13, 613 N.W.2d 497. The thrust of the majority opinion is that there is no issue on whether the oral agreement was for the entire 59.17 acres but rather a fact finder could make only one determination — an agreement existed to sell 59.17 acres for $9,000 per acre. Further, the majority says the trial court has changed its…