Justia Wyoming Supreme Court Opinion Summaries

Appellant, owner of sixty-seven shares of corporate stock of Burnett Livestock Company, appealed the district court's summary judgment that imposed a constructive trust upon those sixty-seven shares for the benefit of several of her relatives including appellees, her aunt and uncle, in accordance with the provisions of a document entitled Agreement for Disposition of Rental and/or Royalty Income, signed on February 20, 1989 by appellant's mother and appellant's grandmother. At issue was whether the evidence submitted supported the parties' respective motions for summary judgment. The court reversed the order granting summary judgment in favor of appellees and remanded for further proceedings holding that there was insufficient evidence on the record to prove the elements of a constructive trust.

Joe's Concrete and Lumber, Inc. ("Joe's Concrete") sought attorneys fees from Concrete Works of Colorado, Inc. ("CWC") after CWC breached its contract with Joe's concrete. At issue was whether the district court properly denied attorneys fees. The court held that Joe's Concrete was entitled to recover its attorneys fees where the attorneys fees were not an element of damages to be proved at trial but were collateral to the merits of the case.