City of Everett v. Estate of Sumstad

Dolliver, J. —

The City of Everett commenced an inter-pleader action against the seller (the Sumstad Estate) and the buyer (Al and Rosemary Mitchell) of a safe to determine who is entitled to a sum of money found in the safe. Both the Estate and the Mitchells moved for summary judgment. The trial court entered summary judgment in favor of the Estate. The Court of Appeals affirmed. Everett v. Estate of Sumstad, 26 Wn. App. 742, 614 P.2d 1294 (1980).

Petitioners, Mr. and Mrs. Mitchell, are the proprietors of a small secondhand store. On August 12, 1978, the Mit-chells attended Alexander's…