Smith v. Buege

McHUGH, Justice:

This appeal is by the plaintiff, a purchaser under an executory contract for the sale of improved real estate damaged by fire prior to closing of the sale. The purchaser contends that the defendants-vendors have failed to show the nonexistence of a dispute as to the amount of loss for which the purchaser, under the real-estate sales contract, is entitled to receive the fire insurance proceeds. We agree that summary judgment was improperly granted to the vendors by the Circuit Court of Marion County. We also agree with the purchaser that the defendant insurer was improperly…