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BENTZEN v. H.N. RANCH, INC.

Nos. 2780 and 2781

78 Wyo. 158 (1958)

320 P.2d 440

Lyle W. Bentzen and Elizabeth M. Bentzen, Plaintiffs and Appellants v. H.N. Ranch, Inc., a Corporation, and Edward E. Birchby, Defendants and Respondents, Lyle W. Bentzen and Elizabeth M. Bentzen, Plaintiffs and Respondents, v. H.N. Ranch, Inc., a Corporation, and Edward E. Birchby, Defendants and Appellants.

Supreme Court of Wyoming

January 14, 1958

Attorney(s) appearing for the Case

For the plaintiffs and appellants in Case No. 2780 and plaintiffs and respondents in Case No. 2781, the causes were submitted upon the briefs of Holstedt & Schwartz of Sheridan, Wyoming, and oral argument by Mr. Robert E. Holstedt.

For the defendants and respondents in Case No. 2780 and for defendants and appellants in Case No. 2781, the causes were submitted upon the briefs and oral argument of R.G. Diefenderfer, of Sheridan, Wyoming.

Heard before Blume, C.J., and Harnsberger and Parker, JJ.

OPINION

Mr. Justice Parker delivered the opinion of the court.

Plaintiffs, Lyle W. and Elizabeth M. Bentzen, brought an action against H.N. Ranch, Inc., and Edward E. Birchby for a declaratory judgment asking for a determination of the rights and liabilities under an "Agreement for Warranty Deed"1 signed by them and by Birchby as president of the ranch. Plaintiffs asked that the instrument...

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