Legal Opinion

Brown v. Grady

Wyoming Supreme Court

Decided December 7, 1907PublishedCited by 8 opinions

Error to the District Court, Big Horn County, Hon. Carroll H. Parmrlrr, Judge. Action to recover possession of real estate and rents and profits. The facts are stated' in the opinion. Was the agent’s sale valid? A substantial compliance with the instructions, or one which involves no material variation, is sufficient. (Warvelle on Vendors, Sec. 210.) There was a substantial compliance in this case. The agent was authorized to receive the first payment.

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Error to the District Court, Big Horn County, Hon. Carroll H. Parmrlrr, Judge. Action to recover possession of real estate and rents and profits. The facts are stated' in the opinion. Was the agent’s sale valid? A substantial compliance with the instructions, or one which involves no material variation, is sufficient. (Warvelle on Vendors, Sec. 210.) There was a substantial compliance in this case. The agent was authorized to receive the first payment. (Alexander v. Jones, 64 la., 207; Tiffany Cont., 210.) The plaintiffs in error, under the contract, were entitled to immediate possession. (29…

1Opinion of the Court

Beard, Justice.

This action was commenced by the defendant in error against the plaintiffs in error to recover the possession of *157certain real estate situated in Big Horn County and for damages for the unlawful detention thereof. She alleged in her petition that she purchased the premises on the 15th day of April, 1905, and ever since that date has beén the owner and entitled to the possession of the premises and that the defendants during all of that time have been unlawfully in the possession of the same and have kept her out of possession to her damage in the sum of fifteen hundred dollars.…

2Cited by8 opinions

  1. American Beryllium & Oil Corporation v. ChaseWyoming Supreme Court · 1967
  2. Janet G. Peterson v. Meritain Health, Inc.Wyoming Supreme Court · 2022
  3. Management Nominees, Inc., a Belize corporation and Alderney Investments, LLC, a Wyoming Limited Liability Company v. Edyta Skowronska, individually and on behalf of her minor children, RS and DSWyoming Supreme Court · 2019
  4. Cates v. DanielsWyoming Supreme Court · 1981
  5. Ivins v. HardyMontana Supreme Court · 1958

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