In the fall of 1996, Jann Wenner hired Anderson Asphalt Paving to construct a driveway on his

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In the fall of 1996, Jann Wenner hired Anderson Asphalt Paving to construct a driveway on his ranch. Larry Anderson, the owner of Anderson Asphalt Paving, and his employee, Gregory Corliss, were excavating soil for the driveway when they unearthed a glass jar containing paper-wrapped rolls of gold coins. Anderson and Corliss collected, cleaned, and inventoried the gold pieces dating from 1857 to 1914. The 96 coins weighed about 4 pounds. Initially, Anderson and Corliss agreed to split the coins between themselves, with Anderson retaining possession of all the coins. Subsequently, Anderson and Corliss argued over ownership of the coins, and Anderson fired Corliss. Anderson later gave possession of the coins to Wenner in exchange for indemnification on any claim Corliss might have against him regarding the coins. 


Corliss sued Anderson and Wenner for possession of some or all of the coins. Corliss contended that the coins should be considered “treasure trove” and awarded to him pursuant to the “finders-keepers” rule of treasure trove. Wenner, defending both himself and Anderson, contended that he had the better right to possession of the gold coins. The trial court held Idaho did not recognize “treasure trove” and that the coins, having been carefully concealed for safekeeping, fit within the legal classification of mislaid property, to which the right of possession goes to the landowner. Alternatively, the court ruled that the coins, like the topsoil being excavated, were a part of the property owned by Wenner and that Anderson and Corliss were merely Wenner’s employees. Corliss appealed. Does the finder of the buried gold coins have a better right to the coins than the owner of the property on which they were found?

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Law for Business

ISBN: 978-1259722325

13th edition

Authors: A. James Barnes, Terry M. Dworkin, Eric L. Richards

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