CITY OF EVERETT V. ESTATE OF ODDMUND SUMSTAD
95 Wash.2d 853 (1981)
NATURE OF THE CASE: Mitchell (D) appealed an affirmance of a summary judgment for Estate
(P) in P's suit to determine the proper owner of the contents of a safe sold at auction.
FACTS: Ds are the proprietors of a small secondhand store. Ds attended an Auction to
obtain merchandise for their own use and for use as inventory in their business. D purchased
a used safe with an inside compartment for $50. The inside compartment of the safe was
locked. The safe was part of the Sumstad Estate (P). When opened the locksmith found $32,207
inside. City impounded the money. City then commenced an interpleader action against P and D
to determine who is entitled to a sum of money found in the safe. P and D moved for summary
judgment. The trial court entered summary judgment in favor of P. The Court of Appeals
affirmed. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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