City of Everett.docx - *I don’t think I read instructions...

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*I don’t think I read instructions properly and could not find official case but I did writewhere I found my information and it is all my own words. ATCity of Everett, Washington v. Oddmund SumstadCase Citation:City of Everett, Washington v. Oddmund Sumstad.BRACHTENBACH, C.J.,ROSELLINI, STAFFORD, UTTER, HICKS, WILLIAMS, and DIMMICK, JJ., andCOCHRAN, J. Pro Tem., concur. “City of Everett v. Estate of Sumstad.”Justia Law,law.justia.com/cases/washington/supreme-court/1981/47331-5-1.html.Facts:Mr. and Mrs. Mitchell are small business owners who run and operate a secondhand store.Much of their inventory and products come from auctions and are resold or kept forpersonal use. At Alexander’s auction on August 12, 1978 the Mitchell’s purchased a lockedsafe for $50 that was donated by the Sumstad Estate. After hiring a blacksmith to unlock itthere was $32,207 found inside. The issue in question was whether the Estate entrusted thesafe “and” its contents to the auctioneer who sold it. The lower courts were in favor that itwas a consensual transaction.Issue:Because the Estate entrusted the safe “and” its contents to the auctioneer agent who soldit, can the contents be separated from the hardware that was purchased?Holding:Rule:The court ruled that the sale was a consensual transaction. The controlling principal wasfound in case: West Coast Airlines, Inc. v. Miner’s Aircraft & Engine Serv., Inc., 66 Wn.2d513, 518, 403 P.2d 833 (1965). Each party assented in the contract with unknown contentsof product. The legal issue involving the case is that the mutual assent of the parties toform a contract must be gathered from outward expressions and acts, not from unexpressedintentions. In the West Coast Airlines case they sold Airplane engines “on accident”because they were junking old plane parts. They never gave up the title to the engine’sthough, showing they never had intentions to sell the engines.

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Term
Spring
Professor
BlainH.Johnson
Tags
Contract Law, Alice, Tessa, a Eve

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