Opinion
No. 20020253
Decided February 19, 2003
Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable William W. McLees, Judge.
AFFIRMED.
LeRoy P. Anseth (submitted on brief), Anseth Johnson Law Firm, P.O. Box 1, Williston, N.D. 58802-0001, for plaintiffs and appellees.
Dean A. Frantsvog, Olson Burns Lee, P.O. Box 1180, Minot, N.D. 58702-1180, for defendant and appellant.
[¶ 1] Charles Owan, Jr., appealed from a judgment ordering him to pay money to Margaret Lee and Agnes Nichol under an oral contract to purchase land from them. The trial court found the terms of the oral contract were definite and the parties' performance was sufficient to remove the oral contract from the statute of frauds. We conclude the trial court's findings are not clearly erroneous under N.D.R.Civ.P. 52(a). Lee and Nichol claim Owan's appeal is frivolous and seek attorney fees under N.D.C.C. § 28-26-01. We conclude Owan's appeal is not frivolous, and we deny the request for attorney fees. We affirm the judgment under N.D.R.App.P. 35.1(a)(2).
[¶ 2] Gerald W. VandeWalle, C.J.
Mary Muehlen Maring
William A. Neumann
Dale V. Sandstrom
Carol Ronning Kapsner