Tepley v. Sumerlin

On August 10, 1950, appellants entered into a contract to purchase a residence from respondent. The purchase price was eight thousand nine hundred fifty dollars, of which one thousand dollars was paid down, and the balance was payable sixty-five dollars, or more, a month on the tenth of each month, including interest at six per cent.

The real-estate contract contained the following provision:

“The purchaser agrees to assume all risk of damage to any improvements upon the premises, or of the taking of any part of the property for public use; that no such damage or taking shall constitute a…