(Download) "Gale Kincaid v. Betty Walsh Kingham" by Supreme Court of Alaska # Book PDF Kindle ePub Free
eBook details
- Title: Gale Kincaid v. Betty Walsh Kingham
- Author : Supreme Court of Alaska
- Release Date : January 07, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
RABINOWITZ, Justice. OPINION The central issue in this appeal involves interpretation of two provisions of a consignment sales contract. In January 1975 appellants entered into a consignment contract with appellee Betty Kingham to sell Kingham's mobile home. The contract was prepared by appellants and provided that appellants were given an exclusive 32-day option to sell Kingham's mobile home. The contract further provided that Kingham agreed to accept a net flat price of $14,000 and authorized appellants to retain any amount received over and above said net price as reimbursement for expenses involved and as a selling commission. Thereafter, appellant Kincaid sold the mobile home for $19,000 and tendered a total amount of $5,536.88 to Kingham, using the remaining $8,463.12 of the $14,000 sale price to pay off the existing mortgage on the mobile home. 1 Appellants retained the remaining $5,000 as their commission. 2 Kingham instituted suit in the superior court for damages arising from appellants' breach of the consignment contract. Upon Kingham's motion for summary judgment, the superior court entered findings of fact, Conclusions of law and a judgment for Kingham against appellants in the amount of $8,000, plus interest and attorney's fees. This appeal followed.