Ehlen v. Melvins.docx - Alex Freeman Paul Ehlen v John M...

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Alex Freeman Paul Ehlen v. John M. and Lynndee Melvin Supreme Court of North Dakota 823 N.W.2D 780 2012 N.D. Lexis 252 (2012) Facts. Paul Ehlen sent the Melvins a “Purchase Agreement” on February 16, 2011 which offered them $850,000 for their property, with closing to be within 12 days. Two days after the offer was made, the Melvins reviewed and modified the terms of the agreement. This revision included editing the spelling of John Melvin’s name, adding that the property would be sold “as is”, that the mineral rights conveyed by the Melvins were limited to the rights that they owned, and that the property was subject to a federal wetland easement and an agricultural lease. In every change made, the Melvins initialed and signed the agreement. The revised agreement was returned to Ehlen. When the Melvins had not heard from Ehlen on the date of the proposed closing, they notified him that “the transaction started and contemplated between [Ehlen] and [the Melvins] is hereby terminated.”

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