WENDLING v. CUNDALL

No. 4646.

568 P.2d 888 (1977)

Henry R. WENDLING, Appellant (Defendant below), v. Glen E. CUNDALL and Opal I. Cundall, husband and wife, Appellees (Plaintiffs below).

Supreme Court of Wyoming.

August 26, 1977.


Attorney(s) appearing for the Case

W. Perry Dray of Dray & Madison, Cheyenne, for appellant.

Donald E. Jones of Jones & Rogers, Torrington, for appellees.

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


THOMAS, Justice.

Wendling presents for decision the question of whether the Cundalls used utmost good faith in selling real property earlier acquired from Wendling. In the Agreement for Exchange of Real Estate pursuant to which the Cundalls acquired the property, Wendling agreed that in the event the Cundalls sold the property within three years for an amount less than $60,000 he would pay them the difference between the sales price and $60,000. The contract...

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