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HAGSTROM v. BRENDEL

Civ. No. 11327.

405 N.W.2d 299 (1987)

Adelaide HAGSTROM, Maxine Walker, Henry Mayer and Donald Mayer, Plaintiffs and Appellants, v. Erwin H. BRENDEL, Personal Representative of the Estate of John J. Mayer, deceased, and John A. Mayer, Defendants and Appellees.

Supreme Court of North Dakota.

April 29, 1987.

Attorney(s) appearing for the Case

Teevens, Johnson & Montgomery, Minot, for plaintiffs and appellants; argued by William P. Teevens. Appearance by Kent L. Johnson.

Brendel Law Offices, Mohall, for defendant and appellee Erwin H. Brendel; argued by John P. Brendel.

Olson, Sturdevant & Burns, Minot, for defendant and appellee John A. Mayer; argued by Michael G. Sturdevant. Appearance by Todd L. Cresap.

MESCHKE, Justice.

Four children of John J. Mayer, deceased, appeal from an order denying their post-trial motions to set aside a jury verdict and judgment which favored their father's estate and their brother, John A. Mayer. We conclude that evidence supported the special verdict that the real estate mortgage made by the decedent was "in the ordinary course of business" so that it was authorized under a property settlement agreement between the decedent and his children...

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