Question
A.D. Lock owned Lock Hospitality, Inc., which in turn owned a Best Western Motel. Joe Terry and David Stocks were preparing the motel for renovation.
A.D. Lock owned Lock Hospitality, Inc., which in turn owned a Best Western Motel. Joe Terry and David Stocks were preparing the motel for renovation. As they were removing the ceiling tiles in Room 118, with Lock present in the room, they noticed a dusty cardboard box near the heating and air supply vent where it had apparently been concealed. terry climbed a ladder to reach the box, opened it, and handed it to Stocks. The box was filled with $38,000.00 in old currency. Lock took possession of the box and the $38,000.00. Later, Terry and Stocks sued Lock and his corporation in the state's court to recover the $38,000.00. Should the cash be characterized as lost, mislaid, or abandoned property? Why? To whom should the court award the $38,000.00? Why?
Discuss in detail whether the $38,000 found in the ceiling was lost, mislaid or abandoned property and why. Discussing each characterization and why you believe, based on the facts, it is or isn't that type of property. Then, based on your characterization, why should the contractors who find it, keep it or not? Does the possibility of an estray statute enter into your analysis?
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