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FISH v. BERZEL

No. 7858.

101 N.W.2d 548 (1960)

Mary FISH, Plaintiff and Respondent, v. Mary BERZEL; and Mary Berzel, as Executrix of Estate and Last Will and Testament of George Berzel, deceased, Defendant and Appellant.

Supreme Court of North Dakota.

February 17, 1960.

Attorney(s) appearing for the Case

Baird & Baird and Reichert & Reichert, Dickinson, N. D., for defendant and appellant.

Mackoff, Kellogg, Muggli & Kirby, Dickinson, N. D., for plaintiff and respondent.

MORRIS, Judge.

This action is primarily for the specific performance of a contract termed an indenture entered into on March 24, 1917 between the New York Foundling Hospital, a corporation, party of the first part, and George Berzel and Mary Berzel, his wife, parties of the second part, with respect to the care, custody, adoption and rights of inheritance of Mary Speidel, an infant female child then of the age of 4 years and 3 months.

The Foundling Hospital...

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