Bleckley v. Langston

Hall, Judge.

The facts show a destruction of a substantial part of the real estate constituting the subject matter of the contract occurring between the date of the contract and the time fixed for performance without the fault of either party. The question where the loss must fall in these circumstances can be determined by the parties themselves by provisions in the contract. In this case the contract did not contain an agreement between the parties upon this subject and the court must decide the question.

It was established in England in 1801 that after a contract for the sale of realty and…