- -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