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Waddy v. Riggleman

Supreme Court of West Virginia

606 S.E.2d 222 (2004)

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Summary
Procedural History
Judicial Opinion
Citations

The doctrine of impracticability may not be used to avoid a contract unless the party took virtually every action within his power to perform the duties required by the agreement.

Relevant Facts

William Waddy IV entered into a contract to purchase a 30-acre tract of land from Denver Riggleman III and his wife for $22,500, with a provision to close within a specific period and to convey the land free of liens and defects. The contract was later amended to include an additional 18 acres and extend the closing date. The attorney handling the transaction failed to secure mortgage releases by the closing date, leading the Rigglemans to back out of the agreement. Waddy sued the Rigglemans and others involved after the Rigglemans sold a larger portion of land that affected the property Waddy sought. The trial court granted a directed verdict for the Rigglemans, asserting that the transfer was impossible and timing was crucial. Waddy appealed.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 8, 2023

Judicial Opinion

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Procedural History

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Citations

606 S.E.2d 222 (2004)

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