Summary 20009 WY 75

Summary of Decision issued June 8, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Wagner v. Reuter

Citation: 2009 WY 75

Docket Number: S-08-0142

Appeal from the District Court of Washakie County, the Honorable Gary P. Hartman, Judge.

Representing Appellant Wagner: David M. Clark of Worrall & Greear, PC, Worland, Wyoming.

Representing Appellee Reuter: Mary Helen Reed of McCarty, Reed and Earhart, LC, Cody, Wyoming.

Facts/Discussion: Wagner sued the Reuters to recover the value of field work allegedly performed on a farm purchased by the Reuters, asserting claims of breach of contract, promissory estoppel, and unjust enrichment and to recover damages for the Reuters’ alleged conversion of irrigation tubes owned by Wagner.

Field work: The Court agreed that the promissory estoppel and unjust enrichment claims were precluded by the existence of an enforceable contract. By the contractual language, the Reuters obligated themselves to pay for the completed field work. The amount due was to be settled outside the contract. It was irrefutable the provision was breached. The district court erred in its determination that the contract was not breached. The issue of damages was still pending.
Irrigation tubes: Wagner did not meet all five of the elements necessary to establish a claim for conversion. He left the irrigation tubes in question on the farm after the contractual deadline for removal. Later the Reuters used some of them thinking Wagner no longer wanted them. When contacted by Wagner, the Reuters immediately surrendered the tubes on his demand.
Award of costs: Having determined that summary judgment on the breach of contract claim was improper, the Court concluded that no basis existed for an award of costs to the Reuters.

Conclusion: The Court affirmed the grant of summary judgment on the claims of promissory estoppel, unjust enrichment and conversion. It reversed the grant of summary judgment on Wagner’s breach of contract claim and remanded for further proceedings on the claim. Because the case was remanded, the award of costs was vacated.

Affirmed in part, reversed in part, remanded.

J. Golden delivered the decision.

Link: http://tinyurl.com/nfee4m .

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