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eBook details

• Title: Mortenson v. Scheer
• Author : Wyoming Supreme Court
• Release Date : January 04, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Frances Denise Mortenson, as Trustee of the Christopher and Frances Mortenson Family Trust, (Mortenson) and Lee Ranches, Inc. (Lee Ranches) challenge the application of the law of impossibility of performance by the trial court to excuse Vernon L. Scheer, Jolene D. Scheer, and Bud Burnaugh, Jr., and Mary Burnaugh, Co-Trustees of the Burnaugh Family Trust dated May 24, 1994, (the Scheers and Burnaughs) from performing their contract with Lee Ranches, Inc. The contract provided that the Scheers and Burnaughs would abandon their effort to establish a private road across the lands of Lee Ranches, which were sold to Mortenson, in exchange for the promise of Lee Ranches to survey and construct a "BLM resource road" which would provide alternative access to the Scheers and Burnaughs lands. The Scheers and Burnaughs agreed they would obtain "the necessary BLM permits and approvals, at the expense of [Lee Ranches, Inc.]" for Lee Ranches to build the road. The Bureau of Land Management (BLM) instructed the Scheers and Burnaughs that rights-of-way across private lands connecting with the proposed resource road would have to be obtained before the BLM would consider the permit application. The Scheers and Burnaughs did not obtain the rights-of-way across the private lands, and the BLM did not grant the permit. The trial court ruled that the Scheers and Burnaughs had done everything required of them by the contract, and that performance of the contract was made impossible by the refusal of the BLM to issue the permit. We hold that one who agrees to obtain a governmental permit, under the circumstances found in this case, assumes the risk of failure to obtain the permit, and performance of that partys obligations under the contract is not excused because of the failure to obtain the permit. The trial court erred in invoking the doctrine of impracticability of performance in this case, and the Judgment is reversed and the case is remanded for further proceedings in accordance with this opinion.

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