Articles Posted in Contracts

by
The Supreme Court affirmed in part and reversed and remanded in part the district court’s judgment reversing the decision of the circuit court cancelling the mobile home sale between Respondent and Petitioner upon finding that the parties made a mutual mistake in drafting their contract, holding that the district court erred when it found that Petitioner breached the contract. Specifically, the Supreme Court affirmed the district court’s reversal of the circuit court’s finding of a mutual mistake of the parties, holding that the district court did not err in determining that the circuit court improperly applied the doctrine of mutual mistake. The Court, however, reversed the district court’s decision to hold Petitioner in breach of the contract before Respondent’s performance was due and, conversely, found that Respondent breached the contract, holding that the district court made a clearly erroneous finding of fact and as a matter of law. View "Larson v. Burton Construction, Inc." on Justia Law

Posted in: Contracts

by
The Supreme Court affirmed the district court’s order granting Heather Hope Schumacher’s motion to enforce a settlement agreement she entered into with Cowboy’s LLC after Cowboy’s failed to pay Schumacher the money as agreed. Schumacher claimed that her divorce decree awarded her certain property, that her ex-husband failed to convey the property to her, and that she had filed lien statements against the disputed property, which was then owned by Cowboy’s. The parties eventually reached a settlement agreement requiring Cowboy’s to pay Schumacher $98,742 in return for her release of all liens against the property. When Cowboy’s failed to pay Schumacher as agreed, Schumacher sought an order requiring Cowboy’s to comply with the settlement agreement. The district court ordered Cowboy’s to perform as agreed. The Supreme Court affirmed, holding (1) Schumacher’s liens were valid and enforceable; and (2) the “deemed denial” of Cowboy’s motion to set aside the order enforcing the settlement agreement was properly denied. View "Cowboy's LLC v. Schumacher" on Justia Law

by
The Supreme Court affirmed in part and reversed and remanded in part the decision of the district court granting summary judgment to Anethesiology Consultants of Cheyenne, LLC (ACC) on its breach of fiduciary duty claim and on Dr. Ronald Stevens’ defamation counterclaim. ACC filed suit against Dr. Stevens and Cassandra Rivers alleging nine causes of action. Dr. Stevens counterclaimed against the members of ACC, alleging several causes of action, including defamation. The district court granted summary judgment for ACC on its first three causes of action and granted summary judgment for the counterclaims defendants on all of Dr. Stevens’ counterclaims. On appeal, the Supreme Court held (1) summary judgment was improperly granted on the fiduciary duties claims; (2) summary judgment was properly granted on the defamation counterclaim; and (3) the trial court erred in excluding certain email evidence. View "Stevens v. Anesthesiology Consultants of Cheyenne, LLC" on Justia Law

by
The Supreme Court affirmed in part and remanded in part the final decree of divorce entered by the district court in this case. Before Wife filed for divorce from Husband, the parties executed a stipulated judgment and decree of divorce establishing property distribution, child support, child custody and visitation, and alimony. The Supreme Court held (1) the district court correctly found that the stipulated decree was a valid agreement between Husband and Wife that was supported by consideration, and the stipulated decree was not unconscionable; (2) the district court appropriate enforced the order in the divorce decree with respect to the property, debt distribution, and alimony; but (3) the district court erred in enforcing the order with respect to child custody, visitation, and child support. View "Long v. Long" on Justia Law

Posted in: Contracts, Family Law

by
The Supreme Court affirmed the decision of the district court requiring Wife to return certain personal property Husband after the divorce decree’s ninety-day deadline. On appeal, Wife argued that, by allowing Husband to recover property after the divorce decree’s ninety-day deadline, the district court improperly modified the parties’ property settlement without the required written agreement. The settlement declared that no modification or waiver of the terms of the agreement shall be valid unless in writing. The Supreme Court affirmed, holding that the district court did not modify the parties’ agreement, but rather, the parties modified the agreement on their own, and the district court approved the modification. View "Acton v. Acton" on Justia Law

Posted in: Contracts, Family Law

by
The Supreme Court affirmed in part and reversed in part the district court’s grant of summary judgment in favor of Peak Powder River Resources, LLC (Peak) and against Bear Peak Resources, LLC (Bear) in this action alleging breach of contract, among other claims. Bear and Peak had agreed to work together in acquiring mineral interests for development, but Peak later obtained some mineral interests without compensating Bear and terminated the parties’ agreement. Bear filed suit. The district court determined that Peak was entitled to summary judgment on all of Bear’s claims. The Supreme Court reversed in part, holding that the district court (1) properly granted Peak’s motion for summary judgment on Bear’s breach of the implied covenant, breach of fiduciary duty, and accounting claims; (2) properly concluded that the parties’ contract was unambiguous; and (3) did not err in determining that Peak was entitled to summary judgment on several of the individual breach of contract claims, but genuine issues of material fact existed on the remaining claims. View "Bear Peak Resources, LLC v. Peak Powder River Resources, LLC" on Justia Law

Posted in: Contracts

by
The Supreme Court reversed the district court’s order denying Kindred Nursing and Rehabilitation - Wind River’s motion to compel arbitration in this wrongful death action. Aletha Boyd died following her discharge from Kindred. Aletha’s daughter, Susan Boyd, filed this action alleging that Kindred’s negligence in caring for Aletha caused her death. Kindred moved to compel arbitration pursuant to an alternative dispute resolution (ADR) agreement signed by Leanna Putman, Aletha’s other daughter and representative under a power of attorney at the time of Aletha’s admission into the nursing home. The district court denied the motion without providing reasons for doing so. The Supreme Court remanded with instructions to order arbitration as required by the ADR agreement, holding (1) Putnam had the authority to sign the ADR agreement on Aletha’s behalf; and (2) the ADR was neither unconscionable nor lacked mutuality of assent or sufficient consideration. View "Kindred Heathcare Operating, Inc. v. Boyd" on Justia Law

by
Due to deficiencies in this pro se appeal filed by Appellant, the Supreme Court summarily affirmed the district court’s dismissal of Appellant’s complaint. Appellant, a former project engineer at Sinclair Wyoming Refining Company, filed a complaint against certain Sinclair defendants, asserting fraud in the inducement and execution, breach of contract, and malicious destruction of property. The Sinclair defendants filed a motion to dismiss. Appellant filed timely to respond to the motion. The district court granted the motion to dismiss without a hearing. The Supreme Court summarily affirmed, holding that Appellant did not adequately comply with the Wyoming Rules of Appellate Procedure. View "Cor v. Sinclair Services Co." on Justia Law

by
Appellant entered into a lease with a Mall to operate a restaurant. The lease required Mall to pay Appellant a finish allowance when certain provisions had been satisfied. The condition at the heart of this dispute required Appellant to provide the Mall evidence that any liens had been satisfied or waived and that “all work has been paid for” before the finish allowance became due. Appellant hired a general contractor to renovate the space. Appellant paid the general contractor in full, but the general contractor did not pay all of the subcontractors. When the Mall did not pay the finish allowance, Appellant filed this lawsuit alleging, inter alia, breach of contract. The district court granted summary judgment in favor of the Mall. The Supreme Court affirmed, holding that the unambiguous terms of the lease required evidence that the general contractor and subcontractors had been paid in full before the Mall was obligated to pay the finish allowance. View "P & N Investments, LLC v. Frontier Mall Associates, LP" on Justia Law

by
This action stemmed from Defendants’ financing of Plaintiffs’ real property located in Wyoming and California. Plaintiffs filed this action in Wyoming against Defendants alleging breach of contract, fraud in the inducement, and violation of a California law governing fraudulent business practices. Plaintiffs sought monetary and punitive damages, rescission and restitution, and an order declaring all encumbrances recorded against their Wyoming property void and expunged. After applying Wyoming law, the district court granted Defendants’ motions to dismiss and for judgment on the pleadings, concluding that Plaintiffs’ breach of contract claims were barred by the statute of frauds and that Plaintiffs failed to plead their fraud and fraud-based claims with the particularity required by Wyo. R. Crim. P. 9(b). View "Elworthy v. First Tennessee Bank" on Justia Law