Norman B. Allen, Jr., Appellant (defendant Below), and Virginia R. Allen (defendant Below) v. Norman B. Allen…

Summary

The Wyoming Supreme Court affirmed the judgment reforming the parties' land transactions to reflect that the father's property was transferred to the son and his wife only to provide security for financing the son's purchase of another tract. The court held that parol evidence was admissible to establish the collateral agreement, that the statute of frauds did not bar enforcement because the transaction was not a sale and had been substantially performed, and that the son's prior sworn statements required application of judicial estoppel. The decree was affirmed with directions to include provisions facilitating reconveyance and avoiding a later specific-performance action. Justices McClintock and Rose dissented, principally arguing that reformation was procedurally and substantively inappropriate and that the alleged agreement either required further factual findings or was barred by the parol-evidence rule.