PULLAR v. HUELLE
2003 WY 90
73 P.3d 1038
Case Number: 02-192
Decided: 07/31/2003
APRIL TERM, A.D. 2003
LEON PULLAR and LINDA PULLAR,
Appellants(Defendants),
v.
GERALD HUELLE and CINDA LOU
HUELLE, husband and wife,
Appellees(Plaintiffs).
Representing Appellants:
Tassma A. Powers of Perkins & Powers, P.C., Casper, Wyoming.
Representing Appellees:
Ken McCartney of the Law Offices of Ken McCartney, P.C., Cheyenne, Wyoming.
Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.
VOIGT, Justice.
[1] Leon and Linda Pullar (appellants) appeal from a summary judgment granted to Gerald and Cinda Lou Huelle (appellees) in a dispute over a real estate purchase contract. The district court found that the contract did not violate the statute of frauds, and that the appellants had anticipatorily breached the contract. We reverse.
ISSUES
[2] Both parties identify the following issues:
I. Whether the District Court erred as a matter of law in finding that the Contract was legally binding on [the appellants] and [that] they were required to perform.
II. Whether the District Court erred as a matter of law in finding that the [appellants] anticipatorily breached or repudiated the Contract.
III. Whether the District Court erred as a matter of law in finding that the contract was ambiguous but appropriate for summary judgment.
IV. Whether the District Court erred as a matter of law in finding that the legal description did not violate the statute of frauds.
V. Whether the District Court erred as a matter of law in awarding Appellees the $40,000.00 without a finding of reasonableness or presentation of actual damages and without providing the [appellants] with due process.
FACTS
[3] The appellants contacted a realtor about purchasing land in Fremont County. The realtor showed them property owned by the appellees. On April 3, 2001, the appellants signed a Contract to Buy and Sell Real Estate (the contract). Significant terms of the contract included:
1. The property was described as the following described real estate situate in the City or Town of Pavillion, County of Fremont, Wyoming, commonly known as and more particularly described as . . . [a] parcel of land in the NW1/4SW1/4, Sec. 16, T.3N., R2E., W.R.M., Fremont County, Wyoming.
2. The purchase price was $148,500.00.
3. An earnest money deposit of $40,000.00 was required, and in case of default by the appellants, the appellees may elect to terminate the Contract and retain all payments made hereunder as liquidated damages, such amount being agreed by the parties hereto to constitute compensation for the loss of opportunity suffered by [the appellees] due to such breach.
4. On April 6, 2001, the appellees were to produce a commitment for a title insurance policy in the amount of the purchase price.
5. The appellants offer was contingent upon property appraising for at least the sale price.
6. Closing was to occur on April 10, 2001, with the appellants having the right to pre-closing possession on April 7, 2001.
[4] The appellees accepted the appellants offer by signing the contract on April 4, 2001. On April 5, 2001, before they were informed of the contracts acceptance, the appellants told the realtor that they wanted to rescind their offer.1 The realtor told them that rescission was not possible. The appellants followed up their oral rescission with a letter to the realtor that read:
This letter is to confirm the rejection of the [appellees] property. Make the cashier check out to both Leon & I and deliver to us now.
As you are the listing agent this contract is not valid.
[5] The appellants did not purchase the land. The appellees brought this action, seeking a declaration by the district court that the appellants had breached the contract and that the appellees were entitled to the earnest money deposit plus attorneys fees.
STANDARD OF REVIEW
FOOTNOTES
1These facts are being presented in the light most favorable to the appellants. The appellants contend that they attempted to rescind [their] offer . . .. The realtor testified by affidavit that the appellants attempted to cancel the Contract.
2Wyo. Stat. Ann. 1-37-103 (LexisNexis 2003) states: Any person interested under a . . . contract . . . may have any question of construction or validity arising under the instrument determined and obtain a declaration of rights, status or other legal relations. While there is some question whether a declaratory judgment action is an appropriate method to seek damages for breach of contract, that issue has not been raised and the parties have generally treated this as a breach of contract action. See Porcelain Enamel & Manufacturing Co. of Baltimore v. Jeffrey Mfg. Co., 177 Md. 677, 11 A.2d 451, 453 (1940); Jacobsen v. King County Medical Service Corp., 23 Wash.2d 324, 160 P.2d 1019, 1021 (1945); and Annotation, 26 C.J.S., Declaratory Judgments 57 (2001). But see, Rocky Mountain Oil and Gas Assn v. State, 645 P.2d 1163, 1167-68 (Wyo. 1982) (the existence of another adequate remedy will not, of itself, preclude declaratory judgment relief.).
3Wyo. Stat. Ann. 1-23-105(a) (LexisNexis 2003) states, in pertinent part:
In the following cases every agreement shall be void unless such agreement, or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith:
* * *
(v) Every agreement or contract for the sale of real estate, or the lease thereof, for more than one (1) year[.]
Citationizer Summary of Documents Citing This Document
Cite | Name | Level | |
---|---|---|---|
Wyoming Supreme Court Cases | |||
Cite | Name | Level | |
2005 WY 54, 110 P.3d 875, | LAURENCE and JUDI LAUGHTER; LANE AND LAURA FILLINIM; and O.D AND ROSANNE OWENS V. BOARD OF COUNTY COMMISSIONERS FOR SWEETWATER COUNTY, WYOMING | Discussed | |
2005 WY 125, 120 P.3d 674, | BONNIE A. HOCHALTER; JAMES A. HLOUCAL; PAIGE WELLS; ROGER DALE BROWN; GENE E. LINN; BONNIE J. KRISKILL; J. LEE VARVARO; STEVEN C. ROZIER; KEVIN J. McGRATH; and NOLAN PEACOCK as Representatives of teh Class City of Gillette, Campbell County, Wyoming Employees V. CITY OF GILLETTE, WYOMING | Cited | |
2006 WY 80, 137 P.3d 147, | ROBIN MURDOCK and CAROL MURDOCK, a/k/a ROBERT B. MURDOCK AND CAROL R. MURDOCK V. DAVID D. ZIER | Cited | |
2008 WY 43, 183 P.3d 1136, | RICHARD A. COFFINBERRY V. THE TOWN OF THERMOPOLIS, a Municipal Corporation | Cited | |
2010 WY 82, 239 P.3d 382, | COMET ENERGY SERVICES, LLC, a Nevada limited liability company V. POWDER RIVER OIL & GAS VENTURES, LLC, a Colorado limited liability company | Discussed |
Cite | Name | Level | |
---|---|---|---|
1945 WA 112, 160 P.2d 1019, 23 Wash.2d 324, | Jacobsen v. King County Medical Service Corp. | Cited | |
Wyoming Supreme Court Cases | |||
Cite | Name | Level | |
1933 WY 31, 23 P.2d 845, 46 Wyo. 101, | Noland v. Haywood | Cited | |
1956 WY 45, 302 P.2d 759, 76 Wyo. 350, | Flygare v. Brundage | Cited | |
1982 WY 65, 645 P.2d 1163, | Rocky Mountain Oil and Gas Ass'n v. State | Cited | |
1995 WY 36, 892 P.2d 786, | Matter of Estate of Jackson | Cited | |
2001 WY 55, 25 P.3d 511, | EKLUND v. PRI ENVIRONMENTAL, INC. | Discussed | |
2002 WY 11, 39 P.3d 397, | SNAKE RIVER BREWING COMPANY, INC. v. TOWN OF JACKSON, WYOMING | Discussed | |
2002 WY 152, 55 P.3d 1219, | HOBLYN v. JOHNSON | Discussed at Length | |
2003 WY 50, 67 P.3d 627, | BERTAGNOLLI v. LOUDERBACK | Cited |