This section contains the nature of the case and procedural background.

Ps are uneducated Navajo Indians whose ability to understand English and commercial matters are limited. Each pawned jewelry with D whereby they received a money loan in return for a promise to repay the loan in thirty days with interest. The Indian jewelry left with D as collateral was worth several times the amount borrowed. Ps defaulted and D sent each of them a notice of intent to retain the collateral, though P claimed she never received notice. The retention was not objected to by either P. D then sold the jewelry in the regular course of its business. D did not provide an accounting. Ps sued D for the surplus from the sale of the jewelry. The trial court found for Ps. The appeals court reversed for D and Ps appealed.

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