In Bixler v. Oro Management, L.L.C., 2004 WY 29, 86 P.3d 843 (Wyo. 2004), the Wyoming Supreme Court construed the effects of a collateral agreement on a subsequently executed warranty deed. Bixler and Oro Management entered into an agreement in 1999 to purchase from a third party 1,700 acres that included mining claims that the parties intended to develop for gold. The agreement was written on a napkin (napkin agreement), signed by both parties and provided: Bixlers part of this agreement in monies is the price of 365,000 dollars thousand will consist of 50 percent of property which will be held in [tenants] in [common] and he is to receive (40) forty percent of the gravel and 25 percent of the net mineral rights. Mineral rights are to include load claims, placer material, stock piles and any other [pertinent] material from under or above ground.
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