Forde v. Libby
Wyoming Supreme Court
ERROR to the District Court, Laramie County; Hon. Carroll H. Parmslss, Judge. The material facts are stated in the opinion. The alleged oral contract was too indefinite and uncertain to be enforced in equity. It is also unenforceable because within the statute of frauds. Libby and Hinrichs had nothing more than a license revocable at pleasure, and it was revoked upon the sale of portions of the lots.
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ERROR to the District Court, Laramie County; Hon. Carroll H. Parmslss, Judge. The material facts are stated in the opinion. The alleged oral contract was too indefinite and uncertain to be enforced in equity. It is also unenforceable because within the statute of frauds. Libby and Hinrichs had nothing more than a license revocable at pleasure, and it was revoked upon the sale of portions of the lots. The grantees could not be bound by the oral agreement in the absence of definite notice thereof prior to their purchase. The trial court failed to distinguish between an easement and a license.…
1Opinion of the Court
Scott, Chiee Justice.
This action was commenced in the District Court of Laramie County by James Libby and William E. Hinrichs, as plaintiffs, against L. Harold Forde and Dlallas L- Kepler, as defendants, to restrain and perpetually enjoin them from interferring with and obstructing an alleged private way between and along the line between lots two (2) and three (3) of block 258 of the City of Cheyenne, according to the recorded plat thereof. During the trial Stockwell, upon application and showing that he had succeeded to the interest of Hinrichs, was substituted as a party plaintiff. Upon…
2Cases cited2 opinions
- Gustin v. HartingWyoming Supreme Court · 1912
- Shannon v. TimmSupreme Court of Colorado · 1896
3Cited by20 opinions
- Harber v. JensenWyoming Supreme Court · 2004
- Hollabaugh v. KolbetWyoming Supreme Court · 1980
- Kincheloe v. MilatzoWyoming Supreme Court · 1984
- Putnam v. DickinsonNorth Dakota Supreme Court · 1966
- Coumas v. Transcontinental Garage, Inc.Wyoming Supreme Court · 1951
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