Providence Washington Insurance v. Pass

I can not agree with the majority opinion. Generally speaking, an executory contract of sale entered into by the insured, not consummated before loss, is not a breach of the condition that the interest of the insured shall remain sole and unconditional. 26 C. J. 233. “But where the executory vendee has deviated from the usual practice and has, in addition to his executory contract, and pending its fulfilment, taken actual possession and control of the property, by the better authority the policy is held avoided.” Richards on the Law of Insurance, 385, § 245; Brighton Beach Racing Asso. v.…