Jerome J. and Beatrice A. Mack - Page 20

                                        -  -20                                           
          should be:  (1) Parties capable of contracting; (2) the consent             
          of the parties; (3) a lawful object; and (4) sufficient cause of            
          consideration.  N.D. Cent. Code sec. 9-01-02 (1987); Gerhardt v.            
          Fleck, 256 N.W.2d 547 (N.D. 1977).  Contracts are to be                     
          interpreted in a manner to give effect to the mutual intention of           
          the parties at the time the contract was entered into.  N.D.                
          Cent. Code sec. 9-07-03 (1987); Pamida, Inc. v. Meide, 526 N.W.2d           
          487 (N.D. 1995).  Under North Dakota law, when parties have                 
          entered into a valid, enforceable contract for the sale of land,            
          equitable title vests in the purchaser and the seller holds bare            
          legal title as security for payment of the balance of the                   
          purchase price.  United Bank v. Trout, 480 N.W.2d 742, 748 (N.D.            
          1992); Zent v. Zent, 281 N.W.2d 41, 45 (N.D. 1979).                         
               The purchase agreement provided for the sale by petitioner             
          and the purchase by the law partnership of petitioner's share               
          (27.5 percent) of the partnership assets which were stated to               
          include the Third Street building and parking lot.  The                     
          consideration for the sale of petitioner's partnership interest             
          was $2,800 a month for the 12 months of 1986, certain personal              
          property, and 10 percent of fees collected from certain cases and           
          clients, plus payment of medical insurance for petitioner.  The             
          purchase agreement further stated that petitioner "shall execute            
          a Quit Claim Deed to the partnership on the office building and             
          parking lot described above."                                               






Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next

Last modified: May 25, 2011