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EPPLE v. CLARK

No. 89-228.

804 P.2d 678 (1991)

Gary D. EPPLE and Peggy E. Epple, husband and wife, Appellants (Plaintiffs), v. Michael L. CLARK and H. Bernadette Clark, husband and wife, Appellees (Defendants).

Supreme Court of Wyoming.

January 15, 1991.

Attorney(s) appearing for the Case

H.W. Rasmussen of Badley & Rasmussen, P.C., Sheridan, for appellants.

Richard M. Davis, Jr. and Anthony T. Wendtland of Burgess & Davis, Sheridan, for appellees.

Before URBIGKIT, C.J., and THOMAS, CARDINE, MACY and GOLDEN, JJ.

GOLDEN, Justice.

This appeal raises a question concerning the liability of a former homeowner to a subsequent homeowner for alleged misrepresentations and fraud relating to the condition of the basement of the house. The subsequent homeowners state the sole issue as:

The trial court erred by ignoring the uncontroverted evidence and applying the standard [Restatement (Second) of Torts § 353] when it should have applied [Restatement (Second) of Torts ...

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