- 4 -
boat with a 115-horsepower outboard motor and a boat trailer.2
After petitioner Gabe Stewart (Mr. Stewart) experienced medical
problems, petitioners decided to dispose of the boat.
Petitioners were unsuccessful in their attempts to sell the boat.
On December 30, 1996, petitioners contributed the boat to
The Salvation Army. Mr. Stewart testified that at the time
petitioners donated the boat to The Salvation Army, “it was in
mint condition” and ready for use. The receipt given to
petitioners from The Salvation Army for their contribution listed
the condition of the boat as “good”. Petitioners did not obtain
an appraisal for the boat.
On December 30, 1996, Mr. Arthur Morden (Mr. Morden), an
employee of The Salvation Army for more than 25 years whose
duties included obtaining appraisals for donated items, had the
boat delivered to the owner of Paul’s Repair (boat appraiser), a
local boat and motor repair shop, to obtain an appraisal. Mr.
Morden testified that he often used the boat appraiser because he
would “try to give me his best and honest appraisal”. After
inspecting the boat, the boat appraiser determined that the boat
had previously been sunk. The boat appraiser specifically
indicated, among other things, that the boat had a rotten
transom, rusty cables, and a locked-up motor. The boat appraiser
2 The boat, motor, and trailer are herein collectively
referred to as “the boat”.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011