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K & K Recycling11/14/2003
I. INTRODUCTION
K&K;Recycling, Inc. contracted with Alaska Gold Company (AGC) to remove a gold dredge from AGC's land in Chicken. AGC assigned the contract to George Seuffert. After K&K;removed the dredge despite alleged interferences by Seuffert, a dispute arose over K&K;s entitlement to equipment and facilities in the Old Town of Chicken allegedly associated with the dredge, and a round of summary judgment motions ensued. A second round of summary judgment motions followed concerning the claims in K&K;s amended complaint alleging breach of contract and tortious interference by Seuffert and AGC. This appeal involves numerous challenges to the superior court's orders on these summary judgment motions and on a variety of other issues. We reverse the superior court's grant of summary judgment on the issue of the dredge equipment and facilities in the Old Town of Chicken, and we affirm the remainder of the challenged rulings.
II. FACTS AND PROCEEDINGS
A. Factual History
In 1996 Alaska Gold Company started looking into disposing of seven of its gold dredges, considering them to be environmental and personal injury liabilities. AGC's vice-president in charge of lands, Michael Watson, contacted AGC's Fairbanks manager, Pete Eagan, for suggestions on disposing of the dredges. Eagan connected him with K&K;Recycling, Inc., a company that recycles property. Although AGC sold six of the dredges to other parties, AGC and K&K;signed a contract on June 25, 1997 concerning the remaining dredge, located on an AGC mining claim in Chicken.
The contract encompassed "all of [AGC's] right, title and interest in and to gold dredge #4 (the `Dredge'), together with all attached equipment and related facilities, located on the #5 Below Discovery placer mining claim in the vicinity of Chicken." K&K;agreed to purchase the dredge from AGC for one dollar and to move the dredge from AGC's property within seventeen months. At least ten days prior to moving the dredge, K&K;had to provide AGC with a $250,000 surety bond guaranteeing performance and proof of minimum insurance coverage with certain limits and features. Within ten days of K&K;s tender, AGC had to give K&K;a bill of sale for the dredge.
While AGC was negotiating with K&K; AGC rejected an offer by George W. Seuffert, a retired anesthesiologist who mines gold with his wife In-grid and son George Jr., to buy AGC's mining claims at Chicken, including the dredge and equipment. About a year later, Seuffert offered a higher price for "all buildings and contents and all mining equipment." Seuffert reached agreement with AGC, and in early March 1998, AGC and Seuffert executed a variety of documents, including a purchase and sale agreement and an assignment from AGC to Seuffert of certain agreements, including the K&K;contract. Seuffert's deed conveyed all thirty-eight of AGC's mining claims and "any and all improvements situated thereon." Neither AGC nor Seuffert informed K&K;of the assignment.
Shortly thereafter, Seuffert called K&K;s owner, Bernie Karl, told him that he had purchased AGC's Chicken claims, and unsuccessfully tried to buy the contract to remove the dredge. In early June 1998, Seuffert asked AGC for a bill of sale for the dredge, which AGC provided. The bill of sale contained a clause stating that Seuffert "assumes all obligations and liabilities respecting the Dredge, including all terms and conditions of that certain agreement . . . between and [K&K;." It appears that neither AGC nor Seuffert told K&K;about the bill of sale.
On June 15, 1998, K&K;procured the performance bond required by its c
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