MEYER v. LUDVIK

Nos. 83-159, 83-160.

680 P.2d 459 (1984)

Fred W. MEYER and Blanche L. Meyer, Appellants (Plaintiffs) v. James A. LUDVIK and Horseshoe Creek Limited, a Colorado general partnership, Appellees (Defendants). HORSESHOE CREEK LIMITED, a Colorado general partnership, Appellant (Defendant), v. Fred W. MEYER and Blanche L. Meyer, Appellees (Plaintiffs), and James A. Ludvik, Appellee (Defendant).

Supreme Court of Wyoming.

April 9, 1984.


Attorney(s) appearing for the Case

E. James Burke of Hanes, Gage & Burke, P.C., Cheyenne, for Fred W. Meyer and Blanche L. Meyer.

Frank J. Jones of Jones & Weaver, P.C., Wheatland for James A. Ludvik.

James W. Gusea of Vines, Gusea & White, P.C., Cheyenne, for Horseshoe Creek, Ltd.

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


ROSE, Justice.

The resolution of the issues raised by this appeal requires an examination of the elements of misrepresentation as a ground for rescinding a contract. This case arose as an action by appellants Fred W. and Blanche L. Meyer to recover on a promissory note and mortgage executed by appellant Horseshoe Creek Limited (Horseshoe) and assumed by appellee James A. Ludvik as assignee of a contract for the deed to the encumbered ranch property. Ludvik defended...

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