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MESSERSMITH v. G.T. MURRAY & CO.

No. 83-41.

667 P.2d 655 (1983)

Daniel H. MESSERSMITH and Frances Messersmith, Appellants (Defendants), v. G.T. MURRAY & CO., Appellee (Plaintiff).

Supreme Court of Wyoming.

August 2, 1983.

Attorney(s) appearing for the Case

Don W. Riske, Rocky L. Edmonds and Roger L. Kahler of Riske & Edmonds, P.C., Cheyenne, for appellants.

Bert T. Ahlstrom, Jr., Cheyenne, for appellee.

Before ROONEY, C.J., and THOMAS, ROSE, BROWN and CARDINE, JJ.

BROWN, Justice.

Appellee G.T. Murray and Company filed suit to recover monies it had received from the sale of stock and mistakenly paid the appellants, Daniel and Frances Messersmith. Following a trial to the court, the judge found in appellee's favor and ordered the money returned. From the judgment, appellants raise three issues on appeal. First, they argue the mistake was a unilateral one upon the part of appellee's agent, and therefore it was insufficient to...

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