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RACICKY v. SIMON

No. 91-197.

831 P.2d 241 (1992)

C. Bud RACICKY, Appellant (Defendant), v. James A. SIMON, as Personal Representative of the Estate of Dorothy D. Simon, Deceased, Appellee (Plaintiff).

Supreme Court of Wyoming.

May 15, 1992.

Attorney(s) appearing for the Case

Georg Jensen, Cheyenne, for appellant.

Richard P. Boley, Boley & McKellar, P.C., Cheyenne, for appellee.

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

THOMAS, Justice.

The principal legal question presented by this appeal is whether the buyer, under a contract for the sale of real estate, is entitled to the remedy of rescission if the buyer has completed performance and the seller is unable to perform. The issue is presented in the context of a summary judgment awarding rescission of the contract to the personal representative of the estate of the deceased buyer and providing for restitution in the total amount...

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