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THROCKMARTIN v. CENTURY 21 TOP REALTY

Nos. S-08-0250, S-08-0269.

226 P.3d 793 (2010)

2010 WY 23

Bryon THROCKMARTIN and Vanessa Throckmartin, Appellants (Plaintiffs), v. CENTURY 21 TOP REALTY, a Wyoming corporation; and Kathie Hove, Appellees (Defendants). Bryon Throckmartin and, Vanessa Throckmartin, Appellants (Plaintiffs), v. Vicki Means Nelson; and Real Estate Professionals, Inc., a Wyoming corporation, d/b/a Re/Max Professionals, Appellees (Defendants).

Supreme Court of Wyoming.

March 3, 2010.

Attorney(s) appearing for the Case

Representing Appellants: Jessica Rutzick, Jackson, Wyoming; and John R. Vincent, Riverton, Wyoming. Argument by Ms. Rutzick.

Representing Appellees: Billie L.M. Addleman and Gary R. Scott, Hirst Applegate, LLP, Cheyenne, Wyoming, representing Century 21 Top Realty and Kathie Hove; and * Phillip T. Willoughby, Casper, Wyoming; P. Craig Silva and Patrick J. Murphy of Williams, Porter, Day & Neville, P.C., Casper, Wyoming, representing Vicki Means Nelson and Real Estate Professionals, Inc., d/b/a Re/Max Professionals. Argument by Messrs. Addleman and Silva.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

HILL, Justice.

[¶ 1] In November of 2005, Bryon and Vanessa Throckmartin purchased a house in Gillette. In August of 2006, they discovered that the basement of the house leaked very badly during significant rainfall, that the foundation had crumbled, and that the house was becoming uninhabitable. Eventually it was condemned by the City of Gillette in mid-2007 — a total loss for the Throckmartins. They filed suit naming two real estate firms (and their...

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