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Contracts Keyed to Fuller
City of Everett v. Estate of Oddmund Sumstad
Citation:
95 Wash. 2d 853, 631 P.2d 366 (1981)Facts
Al and Rosemary Mitchell, proprietors of a secondhand store, purchased a used safe with a locked inner compartment for $50 at Alexander’s Auction on August 12, 1978. The auctioneer explicitly informed bidders that the safe came from an estate, was still locked, had never been opened, and that the combination and key were unavailable. Several days after the purchase, the Mitchells took the safe to a locksmith who found $32,207 inside the locked compartment. The locksmith notified the Everett Police Department, which impounded the money. The City of Everett then filed an interpleader action to determine whether the Estate of Sumstad (the original owner) or the Mitchells (the purchasers) were entitled to the money. Both parties moved for summary judgment, with the trial court ruling in favor of the Estate, a decision affirmed by the Court of Appeals.
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