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Contracts Keyed to George
City of Everett v. Estate of OddmundSumstad
Facts
Al and Rosemary Mitchell (defendant), proprietors of a little second-hand store, obtained a used safe at an auction. The safe had a bolted compartment and the sale organization did not have the key. It was later discovered that the safe was a part of the Estate of OddmundSumstad (the Estate) (defendant). After they bought the safe, the Mitchells took it to a locksmith who opened the bolted compartment and found over $32,000 in real money. From that point, a debate emerged between the Mitchells and the Estate in regards to the legitimate proprietor of the cash. The City of Everett, Washington (plaintiff) documented an interpleader action against the Mitchells and the Estate to figure out who was qualified for the cash found in the safe. The Mitchells and the Estate documented separate motions for summary judgment. The trial court held for the Estate and requested the cash returned. The Mitchells appealed. The court of appeals affirmed the judgment of the trial court and ruled that while the safe had been legitimately sold to the Mitchells, title to the cash discovered in the bolted compartment legally stayed with the Estate. The Supreme Court of Washington granted certiorari to review.
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