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SCHMIDT v. FOSTER

No. 3117

380 P.2d 124 (1963)

Gerald E. SCHMIDT and Lewis K. Foster, Appellants (Defendants below), v. Paul FOSTER, Appellee (Plaintiff below).

Supreme Court of Wyoming.

April 8, 1963.

Attorney(s) appearing for the Case

Goppert & Fitzstephens and J.D. Fitzstephens, Cody, for appellants.

Jones & Fillerup and Henry T. Jones, Cody, for appellee.

Before PARKER, C.J., and HARNSBERGER, GRAY and McINTYRE, JJ.

Mr. Chief Justice PARKER delivered the opinion of the court.

Paul Foster sued his nephew, Lewis K. Foster, and Gerald E. Schmidt, claiming, in the first cause of action, $11,627.08 for work and labor performed and materials furnished in the constructing of a building to be used as an apartment house and, in the second cause, $5,000 by reason of defendants' breach of an agreement that he have a life tenancy in a portion of the premises. The court gave plaintiff judgment...

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