Summary 2013 WY 82

Summary of Decision July 10, 2013

Justice Davis delivered the opinion for the Court. Reversed and remanded.

Case Name: JERRY HERLING v. WYOMING MACHINERY CO., a Wyoming corporation

Docket Number: S-12-0227

URL: http://www.courts.state.wy.us/Opinions.aspx
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Appeal from the District Court of Natrona County, the Honorable Catherine E. Wilking, Judge

Representing Appellant: Carissa D. Mobley and Cameron S. Walker of Schwartz, Bon, Walker & Studer, LLC, Casper, Wyoming. Argument by Ms. Mobley.

Representing Appellee: Timothy M. Stubson of Crowley Fleck, PLLP, Casper, Wyoming

Date of Decision: July 10, 2013

Facts: This case involves a complicated series of events that have so far led to litigation in as many as three Wyoming district courts, a jury trial in the United States District Court for the District of Wyoming, a bankruptcy proceeding in California, and this appeal. Jerry Herling Construction, Inc. (“JHCI”) contracted with Wyoming Machinery for rental and service of earthmoving equipment, but defaulted on the payments due under the agreement. Wyoming Machinery seeks to enforce personal guaranties of JHCI’s performance against Jerry Herling, JHCI’s CEO. Herling argues that an assignment of JHCI’s retainage account and a settlement between other parties released him from his guaranties.

Issues: Did JHCI’s assignment of retainage it claimed to be owed by Tetra Tech EC, Inc. or an oral promise or representation by an employee of Wyoming Machinery release Jerry Herling from personal guaranties of JHCI’s performance? Did a settlement agreement between Tetra Tech and Wyoming Machinery release Jerry Herling from personal liability on his guaranties? Were there genuine issues of material fact regarding the proper amount of the judgment to which Wyoming Machinery was entitled against Mr. Herling?

Holdings: We agree with the trial court that Wyoming Machinery was entitled to judgment against Herling on his guaranties as a matter of law, but we find that there are genuine issues of material facts as to the correct amount of the judgment, and we therefore reverse and remand for further proceedings consistent with this opinion.

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

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