[DOWNLOAD] "Reeves v. Harris" by Supreme Court of Wyoming * eBook PDF Kindle ePub Free
eBook details
- Title: Reeves v. Harris
- Author : Supreme Court of Wyoming
- Release Date : January 24, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
The complaint here contains two claims, the first a cause of action for interpretation of an ambiguous clause in a contract for the sale of appellant's partnership interest in an insurance agency, it being asserted that in computing the sum due plaintiff under the sales contract the amounts owed by him for premiums on personal insurance written by the agency had been improperly deducted from the agency's accounts receivable; the second a cause alleging a credit due plaintiff by reason of an accountant's error at the time plaintiff purchased his interest in the business. Defendant filed motion to dismiss complaint, and, after request for admissions, interrogatories, responses, answers, and affidavits had been presented, the court entered an order on the motion, stating that it should be treated as a motion for summary judgment under Rule 12(b), W.R.C.P.; that oral and written arguments, briefs, and the filings had been considered; that the motion was overruled as to the first claim and was granted as to the second; and that a summary judgment against plaintiff be entered upon the second cause. The order failed to contain ""express determination"" that there was no just cause for delay, as provided by Rule 54(b), W.R.C.P., relating to judgment on multiple claims. From the order plaintiff has appealed.