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CENTURY READY-MIX CO. v. LOWER & CO.

No. 88-54.

770 P.2d 692 (1989)

CENTURY READY-MIX COMPANY; Charles Ness and Gloria Ness, Appellants (Plaintiffs), v. LOWER & COMPANY, Appellee (Defendant), Campbell County School District; Tom Barker, d/b/a Cooper Engineering & Material Testing; Rundquist & Hard, P.C.; and Chris Hard, individually, (Defendants).

Supreme Court of Wyoming.

March 8, 1989.

Attorney(s) appearing for the Case

H.W. Rasmussen, Badley & Rasmussen, Sheridan, for appellants.

Harold E. Meier, Lonabaugh & Riggs, Sheridan, for appellee.

Before CARDINE, C.J., and THOMAS, URBIGKIT, MACY and GOLDEN, JJ.

THOMAS, Justice.

The issue to be resolved in this case can be captured by stating the positions of the parties. Lower & Company (Lower) prevailed in the trial court on its position that the statute of frauds incorporated in the Uniform Commercial Code, § 34-21-208(a), W.S. 1977, prevents Century Ready-Mix Company and its principals, Charles and Gloria Ness, (Century) from pursuing claims based upon an alleged contract because, as a matter of law, the contract...

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