THREE WAY, INC. v. BURTON ENTERPRISES, INC.

Nos. S-07-0139, S-07-0140.

177 P.3d 219 (2008)

2008 WY 18

THREE WAY, INC., a Wyoming Corporation, Appellant (Plaintiff), v. BURTON ENTERPRISES, INC., a Wyoming Corporation, Appellee (Defendant). Burton Enterprises, Inc., a Wyoming Corporation, Appellant (Defendant), v. Three Way, Inc., a Wyoming Corporation, Appellee (Plaintiff).

Supreme Court of Wyoming.

February 21, 2008.


Attorney(s) appearing for the Case

Representing Appellant in case No. S-07-0139: Christopher M. Wages and Greg L. Goddard of Goddard, Wages & Vogel, Buffalo, Wyoming. Argument by Mr. Goddard.

Representing Appellee in case No. S-07-0139: Mark W. Gifford of Casper, Wyoming.

Representing Appellant in case No. S-07-0140: Mark W. Gifford of Casper, Wyoming.

Representing Appellee in case No. 5-07-0140: Christopher M. Wages and Greg L. Goddard of Goddard, Wages & Vogel, Buffalo, Wyoming. Argument by Mr. Goodard.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.


VOIGT, Chief Justice.

[¶ 1] This is a dispute in which, after a jury trial on some issues, and a bench trial on other issues, the district court ordered specific performance of a contract for the construction of certain water and sewer mains. The plaintiff contractor (Three Way) sued for the value of its services or for specific performance of the contract. The defendant owner (Burton) counterclaimed for breach of contract...

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