Supreme Court of Wyoming overturns ruling in a breach of contract dispute

Writen by Victoria Munson |

Published: May 1, 2024

Case Study: Morningstar v. Robison

527 P.3d 241 (Wyo. 2023)

The Supreme Court of Wyoming overturned a lower court’s ruling that awarded only monetary damages to the buyers in a breach of contract dispute. The buyers had sought specific performance under their purchase contract and the Supreme Court of Wyoming agreed with them. The matter was remanded back to the district court with instructions to order specific performance. In Wyoming, disputes where a buyer seeks specific performance of a purchase contract, there is a presumption that monetary damages are inadequate. One of the claims made by the sellers was that their agent failed to insert a particular contingency into the purchase contract.

Takeaways:

To avoid the unauthorized practice of law, defer to your client’s attorney when interpreting contractual agreements and if your client is requesting modifications, those should be drafted by your client’s attorney.

About the writer: Prior to joining Illinois REALTORS® in 2022, Victoria (Vicki) Munson was an attorney in private practice focusing on real estate and estate planning matters. She enjoyed assisting buyers and sellers in bringing their transactions to the closing table. Victoria earned her bachelor’s degree from Western Illinois University and her Juris Doctor from The John Marshall Law School.

Your Illinois REALTORS® Legal Team