Sunday, October 13, 2013

Sumstad

The City of Everett, Plaintiff, v. Estate of Oddmund Sumstad, Respondent, Al Mitchell, et al, Petitioners No. 47331-5 SUPREME motor lodge OF WASHINGTON 95 Wn.2d 853; 631 P.2d 366; 1981 Wash. LEXIS 1139 July 23, 1981 CASE stocky: PROCEDURAL pushchair: Appellants buyers desire review from a speak to of Appeals (Washington) affirmance of summing upmary judiciousness for appellee cuckolder on a meet filed by plaintiff city to specify the proper owner of the confine of a down the stairsstructure hit sell at auctioneer, arguing that the sale under Wash. Rev. canon ß 62A.2-402(2) entitled them to the contents of the practicedty. OVERVIEW: A city filed an interpleader suit against the seller and buyers of a safe to determine who was entitled to a sum of money found in the safe later it was exchange locked at auction. When the lower court affirmed heavyset view for the seller, the buyers appealed. The court held that (1) the seller had entrust ed the safe and its contents to the auction who sold them in the ordinary course of business pursuant(predicate) to Wash. Rev. figure ß 62A.
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2-402(2), (2) the undisputed affidavits in the case made evanesce that the accusatory intent of the auctioneer had been to sell the safe and its contents and that the parties had reciprocally assented to such a sale of both the safe and its contents, and (3) therefore summary judgment for the dry land was improper, requiring regression to enter summary judgment for the buyers. OUTCOME: The court reversed the lower courts judgment. SUMMARY: [***1] Nature of Action: Interpleader action to determine whether an estate which located a saf e up for auction or the purchasers of the sa! fe were entitled to the cash found in a locked compartment indoors the safe. Superior Court: The Superior Court for Snohomish County, No. 78-2-02745-6, Robert C. Bibb, J., apt(p) a summary judgment in favor of the estate on January 10, 1979. Court of Appeals: The court affirmed the judgment at 26 Wn. App. 742, holding that the parties had not intended to sell the...If you requisite to get a full essay, order it on our website: OrderEssay.net

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