Trotter, Inc. v. Jacquot

A-21-0394, Trotter, Inc. & James A. Trotter, Trustee v. Alan J. Jacquot & Allison A. Jacquot (appellants)

A-21-0395, CEK Investment Properties, LLC v. Alan J. Jacquot & Allison A. Jacquot (appellants)

A-21-0396, Lois-Jacquot Farm Company, LLC v. Alan J. Jacquot & Allison A. Jacquot (appellants)

A-21-0449, Alan J. Jacquot, Allison A. Jacquot, & Alan James Jacquot, trustee (appellants) v. Trotter, Incorporated d/b/a Trotter, Inc.; James A. Trotter, trustee; Lois-Jacquot Farm Co., LLC; & CEK Investment Properties, LLC

Custer County District Court, Judge Mark D. Kozisek

Attorney for Appellants:  Terry K. Barber (Barber & Barber, PC, LLO)

Attorney for Appellee Trotter:  Brandon B. Hanson (Hanson Law Offices)

Attorneys for Appellees CEK and Lois-Jacquot Farm Co.:  Matthew D. Furrow, Michael S. Borders (Borders Law Office)

Civil Action:  reformation of contract, replevin, ejectment, trespass, quiet title

Action Taken by Trial Court:  These four cases were consolidated for trial, and the trial court found that the Jacquots failed to establish a mutual mistake in the parties’ written agreements and declined to reform the contracts. The court further found that the Jacquots were in default of the agreements, granted the Trotter parties request for replevin, declined to set aside the trustee’s sales of property to CEK and Lois-Jacquot Farm, and awarded damages to CEK and Lois-Jacquot Farm.

Assignments of Error on Appeal:  The appellants assign that the district court erred in (1) entering judgment in favor of each of the appellees, (2) determining that they had not established their reformation claim, (3) determining that they had not established their quiet title/set aside claim, and (4) awarding damages to CEK and Lois-Jacquot Farm.