Town of Wheatland v. Allison

ROSE, Justice.

This appeal questions the obligation of a subdivision developer to pay for fire hydrants and gate valves installed in a residential subdivision of the Town of Wheat-land. The Town of Wheatland — based on circumstances more fully explained in this opinion — filed an action against appellees in replevin, seeking a return of these items, or, in the alternative, for recovery of their purchase price. The Town subsequently dismissed the replevin action, but sought a summary judgment for damages based on the affidavit of James R. Dunham and the depositions of Charles Sorrells and…