Summary 2009 WY 151

Summary of Decision issued December 11, 2009

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

Case Name: Cheek, II v. Jackson Wax Museum

Citation: 2009 WY 151

Docket Number: S-09-0063

Appeal from the District Court of Teton County, the Honorable Nancy J. Guthrie, Judge.

Representing Cheek, II: Christopher S. Leigh, Jackson, Wyoming; Leonard R. Carlman of Hess, Carlman & D’Amours, LLC, Jackson, Wyoming.

Representing Jackson Wax Museum: Vonde M. Smith of Law Offices of Vonde M. Smith, PC, Jackson, Wyoming.

Facts/Discussion: The Museum and Cheek entered into a brokerage agreement whereby Cheek agreed to act as the Museum’s exclusive broker for leasing property owned by the Museum. Cheek found a tenant which entered into a lease with the Museum and the Museum paid Cheek the commission due. After the term of the initial lease, the Museum and the tenant renegotiated the lease but Cheek was not paid a commission.

Cheek contends the district court erred in concluding the First Amendment to Lease Agreement was an entirely new lease rather than a renewal or extension of the original lease. In their analysis, the Court applied the rules governing contract interpretation. In reviewing the Lease and the Amendment to the Lease, the Court noted language that supported Cheek’s contention that the amendment was only an amendment and not a new agreement. In portions of the agreement where fixed rent and percentage rent provisions of the original lease were amended, the lease years were identified as 11-12, 13-15 and 16-20 and not as 1-2, 3-5 and 6-10 as would have been done in an entirely new lease. The Court also reviewed the brokerage agreement to determine the parties’ intent with respect to modifications or extensions of the lease. The plain meaning of the language indicated that Cheek and the Museum intended a commission to be paid if the original lease was extended or renewed.

Conclusion: The language of the brokerage agreement clearly and unambiguously provided for payment of a commission upon renewal of the lease. The language of the First Amendment to Lease Agreement clearly and unambiguously modified and extended or renewed the original lease.

Reversed and remanded.

J. Kite delivered the decision.

Link: http://tinyurl.com/yel24bd.

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. Please note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation using the Universal Citation form, please contact the Wyoming State Law Library.]