MILLHEISER v. WALLACE

No. 00-194.

21 P.3d 752 (2001)

2001 WY 40

Michael MILLHEISER and Dana Borroni, husband and wife, Appellants (Plaintiffs), v. Bobby J. WALLACE and Bridget W. Wallace, husband and wife, Appellees (Defendants).

Supreme Court of Wyoming.

April 19, 2001.


Attorney(s) appearing for the Case

Representing Appellants: Georg Jensen of Law Offices of Georg Jensen, Cheyenne, WY.

Representing Appellees: William D. Bagley, Cheyenne, WY.

Before LEHMAN, C.J., and GOLDEN, HILL, and KITE, JJ.


KITE, Justice.

[¶ 1] Michael Millheiser and Dana Borroni (the buyers) purchased certain real property from Bobby J. and Bridget W. Wallace (the sellers) on a contract for deed with the expressed intention of using the property for commercial purposes. After the execution of the contract, the homeowners' association objected to any commercial use as precluded by the covenants. The buyers ceased making payments under the contract. When the court confirmed commercial...

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