O'Brien v. Hunt

There can be no dispute of the proposition that he who prevents the happening *309or performance of a condition precedent in a contract cannot avail himself of his own wrong. That is not to say, however, that O’Brien or his attorney did in fact prevent the happening of the condition precedent which in this case is all important. Or at least, it is not to say defendant-Hunts met their burden of proof in that regard.

The rule as to burden of proof, which we followed in Sturgeon v. Phifer, Wyo., 390 P.2d 727, 729-730; which was followed in the cases cited therein; and which has been followed in the…