Bethurem v. Hammett
Supreme Court of Wyoming
736 P.2d 1128 (1987)
Relevant factsFree
The Bethurems (plaintiffs) bought the Hammetts' (defendants') home under a contract promising marketable title and guaranteeing no defects except those visible on inspection. After moving in, the Bethurems discovered part of the house, garage, and fence actually encroached onto a city-owned street — a defect nobody had noticed or disclosed. The Bethurems sued to rescind the contract; the trial court sided with the Hammetts, and the Bethurems appealed.
IssueFree
Whether a buyer of real property may rescind a sales contract when the seller conveyed unmarketable title that exposes the buyer to potential litigation over the property.