Issue: Under Wyoming and Minnesota law, when will a counterclaim be deemed compulsory?
| Area of Law: | Business Organizations & Contracts, Litigation & Procedure |
| Keywords: | Counterclaim; Contractual agreement; Contractual relationship |
| Jurisdiction: | Minnesota, Wyoming |
| Cited Cases: | None |
| Cited Statutes: | None |
| Date: | 12/01/2014 |
The general rule may be stated as follows:
Where the parties have a contractual agreement, the contractual relationship controls, and parties are not permitted to assert actions in tort in an attempt to circumvent the bargain they agreed upon.
Pinther v. Ditzel, 163 P.3d 816, 818 (Wyo. 2007) (citing Snyder v. Lovercheck, 992 F.2d 1079, 1087 (Wyo. 1999)).
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