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eBook details

• Title: Newton v. Misner
• Author : Supreme Court of Wyoming
• Release Date : January 15, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Plaintiffs Newtons sued defendants Misners, alleging that the Misners by a "Standard Purchase Offer, Acceptance and Receipt," hereinafter called "agreement," offered on April 30, 1963, to trade their Cody residence property for the Newtons Lander residence and to pay plaintiff $12,500 net in cash, $500 down payment being deposited with Toyne, a real estate dealer, who had assisted in the drafting of the "agreement" and had shown the Lander property to defendants; that Misners were called upon to pay the remaining $12,000, had paid $4,748.44 in addition to the original deposit, had refused to pay the remainder due in the amount of $7,251.56; and further that defendants had executed a warranty deed to plaintiffs for the Cody property, showing the same to be free from encumbrances when the property at the said time had a paving assessment against it for $788.93. On these bases plaintiffs sought a judgment for $8,040.49. Defendants answered, admitting the trading of the residences by way of the mentioned agreement; asserted that plaintiffs had been represented by their agent Toyne; denied generally; alleged as a second defense vagueness, indefiniteness, and ambiguity of the "agreement," the lack of meeting of minds, and the later stating by the defendants that they would withdraw from the transaction if required to pay the $12,000 claimed by plaintiffs; and pleaded that the amount which they had paid was a settlement and an accord and satisfaction of plaintiffs claims, and further, that plaintiffs were guilty of laches and estopped. As a third defense, defendants pleaded that the paving assessments were specifically excepted from the operation of the warranty deed for the Cody property. There were numerous pre-litigation maneuverings of the parties by requests for admissions, interrogatories, affidavits, and depositions, some before and some after defendants filed a motion for summary judgment, which was granted by the court, and from which this appeal has been taken.

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