Pretend you are a Judge, decide this case?
KR_7752 asked:
Marianna and Jason Jones were the proprietors of an antique store. They attended auctions frequently to obtain items for their personal use and as inventory for their store. On June 4, 1999, they attended an auction sponsored by Antique Helper in Indianapolis. The rules of the auction were that the sale was without reserve and that all sales were final.
Marianna and Jason Jones were the proprietors of an antique store. They attended auctions frequently to obtain items for their personal use and as inventory for their store. On June 4, 1999, they attended an auction sponsored by Antique Helper in Indianapolis. The rules of the auction were that the sale was without reserve and that all sales were final.
During the course of the auction, the Marianna and Jason purchased a safe for $50 that had been part of the Girard estate. The auctioneer told the bidders that the inside compartment of the safe was still locked, and that the required combinations or keys to unlock the safe were unavailable.
When Marianna took the safe to a locksmith several days later to have the safe opened, the locksmith found $22,000 inside. The locksmith phoned the police who impounded the money. The Girard estate sued to recover the money, and Mr. and Mrs. Jones claimed that the safe and its contents had been sold to them.
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Comments on Pretend you are a Judge, decide this case? »
They bought it. Its should be there’s
Mr. and Mrs. Jones own the property. I would find in their favor.
In my opinion the money belongs to Marianna and Jason. If the Girard estate was so concerned about the contents of the safe they should have had it opened themselves before they sold it.
They bought the safe not the contents
The people who bought the safe should be able to keep the money because they bought it. and the people who were selling it should have examined everything before they sold it. The money belongs to the buyers.
As I have had a glass or two of Zinfandel I feel in a benevolent mood,.
I find for the defendant Marianna and Jason Jones.
I am sure had Marianna and Jason Jones not found the money but were unable to use the safe due to prior damage they would not have been offered a refund it would have been
sold as seen
it cuts both ways.
They bought the safe, all contents inside of the safe belongs to them in my book
All sales are final and without reserve by their own rules. The Jones win.
If the seller cared about what was inside, they should’ve looked into it before selling. They knew it was unopened, and anything could’ve been in there.
They bought the safe, and the contents. That’s the risk that the seller took.
The Girard estate should have emptied the safe before they sold it. Mr. and Mrs. Jones own the safe now, along with its contents.
yes they bought it as is so the money is theres
I’d grant a Motion for Summary Judgment from the Joneses.
I’d not only award the Joneses possession of the money, plus legal fees for defending this baseless action, and would order the award for legal fees against the Estate, the Estate’s attorney, and the Executor of the Estate personally.
The key fact is that it was known to the seller that there was an unopened compartment, and they sold it in that condition.
Would the Estate be responsible had the compartment contained a live snake? Radioactive material? No, so they don’t get the benefit, either.
I think the Girard’s sold the safe and it’s contents. They could have had a locksmith open the safe before the sale, they did not. They are out of luck. Unfortunately, that’s not the way it will most likely go.
the safe and its contents belong to the new owners, otherwise the safe should not have been put up for auction in the first place, case closed!
I find in favor of Mr. and Mrs. Jones. All sales are final which would imply that any sale of property is in as-is condition. The safe AND all its contents should belong to the buyer of the safe. The previous owner, the Girard estate, should have taken the time to open the compartment prior to sale to ensure that nothing valuable was in there.
The facts are quite clear in this case. The safe and its contents belong to the couple that bought it. Why? The condition of sale was set by the auctioneer who had the power to complete transaction by the owners of Girard estate, as it were his property. From the time the transaction was completed neither party had a standing to bring a case in connection with the item, because the sale was final, and all known facts about the safe and the contents of its drawers were made clear at the point of fact. At the time of the find the property belonged to Mr. and Mrs. Jones.