(DOWNLOAD) "Racicky v. Simon" by Supreme Court of Wyoming ~ eBook PDF Kindle ePub Free
eBook details
- Title: Racicky v. Simon
- Author : Supreme Court of Wyoming
- Release Date : January 15, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The principal legal question presented by this appeal is whether the buyer, under a contract for the sale of real estate, is entitled to the remedy of rescission if the buyer has completed performance and the seller is unable to perform. The issue is presented in the context of a summary judgment awarding rescission of the contract to the personal representative of the estate of the deceased buyer and providing for restitution in the total amount paid plus interest. A collateral issue presented in the brief of the personal representative is whether the amount of restitution ordered by the district court is subject to modification. That issue was not raised by a cross-appeal as required by the Wyoming Rules of Appellate Procedure. We hold rescission is available as a remedy; restitution was properly awarded by the trial court; and the amount of restitution is not subject to a change on appeal. We affirm in its entirety the Order Granting Plaintiffs Motion for Summary Judgment; Findings of Fact and Conclusions of Law entered in the trial court. Page 242