David and Kimberly Birt, Appellants (plaintiffs) v. Wells Fargo Home Mortgage, Inc., F/k/a Norwest Mortgage, Inc…

Summary

The Wyoming Supreme Court affirmed the district court's order denying Wells Fargo's motion to dismiss and granting Wells Fargo summary judgment on all ten of the Birts' causes of action arising from a failed home construction loan application. The court held that no express or implied-in-fact contract was formed because the parties never manifested an intent to be bound before the execution of final loan documents at closing, and that Wells Fargo's Truth in Lending Act disclosure documents did not constitute a contract. The court further held that the Birts' promissory estoppel, equitable estoppel, negligent misrepresentation, negligence, fiduciary duty, and intentional interference claims all failed as a matter of law. The court affirmed summary judgment on the intentional interference claim because the claim was necessarily premised on Restatement (Second) of Torts § 766A, which Wyoming has expressly rejected.