Wilson v. Clark
Supreme Court of New Hampshire
Bill in Equity. Facts found by a referee. March 1,1877, the plaintiff agreed to purchase of PI., the defendant’s intestate, the premises described in the bill, for $700, paying $331 cash, and giving her note for $369, payable within two years with interest, at the same time taking H.’s bond to convey the premises to her upon payment of the note and interest within two years.
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Bill in Equity. Facts found by a referee. March 1,1877, the plaintiff agreed to purchase of PI., the defendant’s intestate, the premises described in the bill, for $700, paying $331 cash, and giving her note for $369, payable within two years with interest, at the same time taking H.’s bond to convey the premises to her upon payment of the note and interest within two years. The plaintiff took possession of the premises, and continued to occupy them by her tenant until December 22, 1878, when the buildings were totally destroyed by an accidental fire. In the lifetime of PI. the plaintiff paid…
1Opinion of the CourtClark, J.
The property had not been conveyed at the time of the fire, and JH.’s estate must bear the loss. When property, real or personal, is destroyed by fire, the loss falls upon the party who is the owner at the time; and if the owner of a house and land agrees to sell and convey it upon the payment of a certain price which the purchaser agrees to pay, and before full payment the house is destroyed by accidental fire, so that the vendor cannot perform the agreement on his part, he cannot recover or retain any part of the purchase-money. Wells v. Calnan, 107 Mass. 514; Thompson v. Gould, 20 Pick.…
2Cases cited3 opinions
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. GraddyCourt of Appeals of Kentucky · 1863
- Gould v. MurchSupreme Judicial Court of Maine · 1879
3Cited by3 opinions
- Hallett v. ParkerSupreme Court of New Hampshire · 1896
- Gregory v. BrettConnecticut Superior Court · 1961
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