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BARKER v. JOHNSON

Nos. 4942, 4943.

591 P.2d 886 (1979)

George J. BARKER, Robert M. Barker, Gabriel B. Barker, Philip R. Barker, Joseph E. Barker, Eugene C. Barker and Barker Brothers Company, Appellants (Defendants below), v. Gary M. JOHNSON and Barbara L. Johnson, Appellees (Plaintiffs below). Gary M. JOHNSON and Barbara L. Johnson, Appellants (Plaintiffs below), v. George J. BARKER, Robert M. Barker, Gabriel B. Barker, Philip R. Barker, Joseph E. Barker, Eugene C. Barker and Barker Brothers Company, Appellees (Defendants below).

Supreme Court of Wyoming.

March 8, 1979.

Attorney(s) appearing for the Case

Timothy S. Tarver of Burgess & Davis, Sheridan, for appellants in No. 4942 and appellees in No. 4943.

Bruce P. Badley, H.W. Rasmussen, and Micheal K. Shoumaker of Badley, Rasmussen & Shoumaker, Sheridan, for appellees in No. 4942 and appellants in No. 4943.

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

THOMAS, Justice.

The question which must be addressed in this case is whether the sellers1 under a contract for the sale of land were entitled to declare a forfeiture and obtain a judgment foreclosing the rights of the buyers under the contract. The district court, upon motions of both the buyers and the seller for summary judgment, entered a summary judgment for the buyers ordering specific performance of the contract for sale of land...

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