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Morrow v. First National Bank of Hot Springs

Supreme Court of Arkansas

550 S.W. 429 (1977)

Relevant factsFree

Coin collectors Morrow and Goslee (plaintiffs) reserved three safety-deposit boxes from First National Bank of Hot Springs (defendant) for a $25 fee each, expecting availability within 30 to 60 days and having told the bank they wanted the boxes by September 1; one or two bank employees promised to notify Morrow when boxes became available. On September 4, Morrow's home was burglarized and coins worth $32,155.17 were stolen; Morrow later learned the boxes had actually become available on August 30, and he and Goslee sued the bank for breach of contract, but the trial court granted the bank summary judgment.

IssueFree

Whether a contracting party agrees to any and all unwritten terms that can be assumed to have been part of the original agreement.

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