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MADER v. JAMES

Nos. 4517, 4519 and 4537.

546 P.2d 190 (1976)

R.A. "Dick" MADER, Appellant (Defendant and Third-Party Plaintiff below), v. Michael D. JAMES, a/k/a Mick James (Third-Party Defendant below), v. Joel R. FANNING, a/k/a Dick Fanning, Appellee (Plaintiff below). Michael D. JAMES, a/k/a Mick James, Appellant (Third-Party Defendant below), v. R. A. "Dick" MADER (Defendant and Third-Party Plaintiff below), v. Joel R. FANNING, a/k/a Dick Fanning, Appellee (Plaintiff below). Joel R. FANNING, a/k/a Dick Fanning, Appellant (Plaintiff below), v. R. A. "Dick" MADER, Appellee (Defendant and Third-Party Plaintiff below), v. Michael D. JAMES, a/k/a Mick James, Appellee (Third-Party Defendant below).

Supreme Court of Wyoming.

Rehearing Denied March 10, 1976.

Attorney(s) appearing for the Case

Cecil K. Hughes, Sundance, signed the briefs and appeared in oral argument on behalf of the appellant-appellee, Joel R. Fanning a/k/a Dick Fanning.

Bruce P. Badley and Micheal K. Shoumaker, Badley & Shoumaker, Sheridan, signed the briefs and Micheal K. Shoumaker appeared in oral argument for the appellant-appellee, R.A. "Dick" Mader.

Thomas Lubnau, Gillette, signed the briefs and appeared in oral argument on behalf of the appellant-appellee, Michael D. James, a/k/a Mick James.

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

RAPER, Justice.

James, appellant and third-party defendant, owned a ranch which he listed for sale with realtor Mader, appellant-defendant and third-party plaintiff. Mader found a buyer, Fanning, cross-appellant plaintiff. Fanning paid a $15,000.00 deposit on a sale price of $275,400.00 to Mader "as part payment to be held by Agent pending exchange of final papers." The purchase offer, acceptance and receipt, of which the...

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