Morrow v. First National Bank of Hot Springs
Supreme Court of Arkansas
550 S.W. 429 (1977)
Morrow and Goslee (plaintiffs) collected coins. Morrow kept them in his home, but was looking for safety-deposit boxes. There had been no boxes available in Hot Springs, but in the summer of 1971, First National Bank of Hot Springs (First National) (defendant) was moving into a new building and advertised safety-deposit boxes. Morrow and Goslee reserved three boxes on June 25, paying a $25 rental fee for each, and expected availability in 30 to 60 days. Morrow had said that he wanted the boxes by September 1. One or two employees had promised to notify Morrow when the boxes became available. Someone broke into Morrow’s home on September 4 and stole coins with a value of $32,155.17. Morrow learned that the safety-deposit boxes had become available on August 30. Morrow and Goslee brought a claim against First National for breach of contract. The trial court granted summary judgment to First National.
Rule of Law
Holding and Reasoning (George Rose Smith, J.)