MERRITT v. McINTYRE AND McINTYRE GARDEN CENTER AND GREENHOUSE COMPANY

No. 5263.

613 P.2d 206 (1980)

Roy L. MERRITT and Francis G. Merritt, Appellants (Defendants), v. McINTYRE AND McINTYRE GARDEN CENTER AND GREENHOUSE COMPANY, Appellee (Plaintiff).

Supreme Court of Wyoming.

July 8, 1980.


Attorney(s) appearing for the Case

Vincent A. Ross, Ross & Ross, Cheyenne, signed the brief and appeared in oral argument on behalf of appellants.

David D. Uchner and Richard P. Boley, Lathrop & Uchner, P.C., Cheyenne, signed the brief and Uchner appeared in oral argument on behalf of appellee.

Before RAPER, C.J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.


RAPER, Chief Justice.

In this appeal, we are presented with two issues. First, is the seller of real property answerable to the buyer for hail damage which occurred to that real property between the time the parties entered into a contract for sale and the closing date? Second, where the seller of real property conveys more land than he intended to convey to a buyer because of a mistake made by surveyors hired by the seller, is there a mutual mistake requiring buyer...

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