(Download) "Madison v. Marlatt" by Supreme Court of Wyoming # eBook PDF Kindle ePub Free
eBook details
- Title: Madison v. Marlatt
- Author : Supreme Court of Wyoming
- Release Date : January 13, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
In his appeal, appellant defendant presents the court with five challenges to the judgment of the district court entered on February 6, 1980 following a jury trial and verdict in favor of appellee plaintiff. E.G. Madison, the defendant in the district court died on November 15, 1979 after trial but before judgment. His administratrix was regularly substituted. First, the question is raised as to whether the language of the "option clause" appearing in the lease executed by the parties was sufficiently plain and unambiguous so as to enable a court to decide its meaning as a matter of law. Second, appellant argues that where an option contract for the sale of realty was silent as to the type of deed to be passed upon the exercise of the option, the demand for a warranty deed constitutes a counter offer, and hence, a rejection of the offer contained in the option. Third, appellant contends that in view of appellees knowledge of Madisons limited title, the refusal of co-owners to sell and the absence of a showing of bad faith on Madisons part, the benefit of the bargain was not the appropriate measure of damages. Fourth, under Rule 703, W.R.E., appellant challenges the district courts decision that the testimony of appellees expert witness was admissible. And finally, appellant questions the propriety of recalling a jury following its discharge in order to clarify the meaning of its verdict.
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