WASSER & WINTERS v. RITCHIE BROS. AUCTION.

Nos. S-12581, S-12611.

185 P.3d 73 (2008)

WASSER & WINTERS COMPANY, Appellant/Cross-Appellee, v. RITCHIE BROS. AUCTIONEERS (AMERICA), INC., Appellee/Cross-Appellant.

Supreme Court of Alaska.

May 23, 2008.


Attorney(s) appearing for the Case

Patrick G. Gilmore and Christopher J. Slottee, Atkinson, Conway & Gagnon, Anchorage, for Appellant.

Michael A. Grisham, Dorsey & Whitney, LLP, Anchorage, for Appellee.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, and CARPENETI, Justices.


OPINION

EASTAUGH, Justice.

I. INTRODUCTION

A creditor authorized an auctioneer to sell seven pieces of equipment in which the creditor held a security interest, and agreed to release its interest upon payment of "net proceeds" not to exceed the entire amount of debt owed to the creditor and subject to the payoff of a known senior lien. The creditor and auctioneer disagree about whether "net proceeds" was to include the proceeds...

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