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Bethurem v. Hammett

Supreme Court of Wyoming
736 P.2d 1128 (1987)


Facts

The Bethurems (plaintiffs) entered into a contract with the Hammetts (defendants) to purchase the Hammetts’ home. The contract stated that the Hammetts were to provide marketable title to the Bethurems. The contract also stated that the Hammetts guaranteed the property was in compliance with all local laws, and that there were no known defects on the property except for those which were visible upon inspection. After moving in, the Bethurems discovered that a portion of the house, garage and fence encroached upon the street owned by the city in which the home was located. The Bethurems brought suit against the Hammetts, attempting to rescind the sales contract. The trial court ruled in favor of the Hammetts. The Bethurems brought this appeal to the Supreme Court of Wyoming.

Rule of Law

Issue

Holding and Reasoning (Urbigkit, J.)

Dissent (Cardine, J.)

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