Downing v. Stiles

635 P.2d 808 (Wyo. 1981)

Facts

Stiles (D) leased a restaurant facility from Downing (P) next to a popular bar that accounted for many of the restaurant's customers. D and P were partners in the restaurant and P sold its share to D for a note. P owned the bar and the building and sold both to Morrise. After two years, the bar closed, the restaurant suffered, and a fire destroyed the building. D stopped making payments on the note. P brought an action seeking the balance due. The trial court found for D; the note was discharged due to frustration of purpose. P appealed.