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Snyder v. Lovercheck

992 P.2d 1079 (1999)

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Snyder v. Lovercheck

Wyoming Supreme Court

992 P.2d 1079 (1999)

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Facts

Loren Snyder (plaintiff) was in the market for a wheat farm. The Loverchecks (defendants) were selling their wheat farm, and Snyder toured it several times. Ron Lovercheck told Snyder that the farm had previously had problems with rye but that he believed that the problems were minor and manageable. Lovercheck also consulted the former owner of the farm, whose opinion on the rye problem was consistent. The crops were planted but not yet growing at the time of Lovercheck’s statement to Snyder. Snyder agreed to buy the farm. The contract stated that Snyder was not relying on any of the Loverchecks’ representations. The contract also contained a merger clause and an “as is” clause. After closing, the crops came up and Snyder found that the rye problems were much more significant than the Loverchecks had disclosed. Snyder brought suit for breach of contract and fraudulent misrepresentation. The district court granted the Loverchecks summary judgment based on the disclaimer in the contract. Snyder appealed.

Rule of Law

Issue

Holding and Reasoning (Taylor, J.)

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