CARLSON v. CARLSON

No. 88-237.

775 P.2d 478 (1989)

Carl O. CARLSON, Jr., Appellant (Plaintiff), v. E. Leva CARLSON and Citizens National Bank & Trust Company, a national bank, Appellees (Defendants).

Supreme Court of Wyoming.

June 2, 1989.


Attorney(s) appearing for the Case

Raymond W. Martin, Godfrey, Sundahl & Jorgenson, Cheyenne, for appellant.

Raymond B. Hunkins, Jones, Jones, Vines & Hunkins, Wheatland, for appellee, E. Leva Carlson.

Frank J. Jones, Wheatland, for appellee, Citizens Nat. Bank & Trust Co.

Before THOMAS, MACY and GOLDEN, JJ., BROWN, J., Retired, and LEIMBACK, District Judge.


THOMAS, Justice.

In this case, the court is asked to resolve the question of whether an ambiguity exists in two farm leases and an agreement providing for improvements to the farm by the tenant, considered separately or collectively, which inhibits the construction of the documents as a matter of law. Inherent to this problem is the issue of whether any ambiguity serves to structure a genuine issue of material fact with the result that deciding the case by summary...

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