Popelka v. PopelkaCivil No. 900070CA

Bakken, Chief Judge.

Anton and Ann S. Popelka appealed from a district court judgment enforcing a contract for deed between them and Colleen Popelka, as personal representative of the estate of Anton and Ann's deceased son, Galen Popelka. The district court concluded that the contract for deed was enforceable against Anton and Ann, the vendors, because they were "the party to be charged" under Section 9-06-04, N.D.C.C. We affirm under Rule 35.1(a)(7), N.D.R.App.P., and Petroleum Exchange Inc. v. Poynter, 64 N.W.2d 718 (N.D. 1954).

A.C. Bakken, S.J.
William A. Neumann, D.J.
Everett Nels Olson, D.J.