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WYOMING GAME AND FISH COM'N v. MILLS CO.

No. 84-101.

701 P.2d 819 (1985)

WYOMING GAME AND FISH COMMISSION, State of Wyoming, Appellant (Defendant), v. The MILLS COMPANY, a Wyoming Corporation, Appellee (Plaintiff).

Supreme Court of Wyoming.

June 19, 1985.

Attorney(s) appearing for the Case

A.G. McClintock, Atty. Gen., Allen C. Johnson, Sr. Asst. Atty. Gen. (argued) and Roger C. Fransen, Asst. Atty. Gen., for appellant.

Dan B. Riggs (argued) and Haultain E. Corbett of Lonabaugh & Riggs, Sheridan, for appellee.

Before THOMAS, C.J., ROSE, ROONEY and CARDINE, JJ., and JOHNSON, D.J.

CARDINE, Justice.

This is an appeal from a summary judgment granting damages to the Mills Company in a breach of contract action. We reverse and direct judgment to be entered in favor of the state of Wyoming but that the State's counterclaim be denied.

Appellant, Wyoming Game and Fish Commission, raises the following issue concerning breach of contract:

"Did the Appellant breach its contract with Appellee by refusing to purchase game and fish licenses...

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