Legal Opinion

Francis v. Brown

Wyoming Supreme Court

Decided January 26, 1915No. 755PublishedCited by 4 opinions

Error to the District Court, Laramie County; HoN. David H. Craig, Judge. The material facts are stated in the opinion. The suit being based on a written contract, in which the terms of the agreement are stated in clear and unequivocal language, the rights and obligations of the parties must be measured thereby.

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Error to the District Court, Laramie County; HoN. David H. Craig, Judge. The material facts are stated in the opinion. The suit being based on a written contract, in which the terms of the agreement are stated in clear and unequivocal language, the rights and obligations of the parties must be measured thereby. Specific performance was denied for the reason, as indicated in the findings, that there was a right of homestead in some portion of the lands, without evidence to show its exact location. Plaintiffs were awarded judgment upon the theory, apparently, that they had performed their part…

1Opinion of the Court

Scorr, Justice.

The plaintiff in error, who was defendant below, and will, for convenience, be hereafter referred to as defendant, brings error to reverse a judgment for damages in the sum of $6,043.04 and costs obtained against him by defendants in error, who were plaintiffs, and who will be here referred to as plaintiffs, for an alleged breach of a written contract to sell and convey to them certain described lands of which defendant was the owner and occupant. The action was for specific performance of the contract and damages, and was tried to the court which made and separately stated its…

2Cases cited3 opinions

  1. Reusens v. Mexican National Construction Co.U.S. Circuit Court for the District of Southern New York · 1884
  2. Smith v. KrallIdaho Supreme Court · 1904
  3. Fidelity Savings Ass'n v. Bank of CommerceWyoming Supreme Court · 1904

3Cited by4 opinions

  1. Reed v. WadsworthWyoming Supreme Court · 1976
  2. Tenneco Oil Company v. Henry W. GaffneyCourt of Appeals for the Tenth Circuit · 1966
  3. United States Fidelity & Guaranty Co. v. Leong Dung DyeCourt of Appeals for the Ninth Circuit · 1931
  4. Smith v. GorsuchWyoming Supreme Court · 1927

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