W. M. Acree v. Hanover Insurance Company and Fireman's Fund Insurance Company, and Donald R. Martin and Joyce Martin, Intervenors-Appellees

BREITENSTEIN, Circuit Judge.

In this diversity case the question is whether the seller or the buyer is entitled to the proceeds of insurance policies covering damage which occurred when the insured property was under an executory sales contract later consummated by the parties. The trial court gave summary judgment for the buyer. The seller appeals. We affirm.

On March 8, 1974, plaintiff-appellant Aeree, Seller, contracted to sell his home in Chickasha, Oklahoma, to Donald R. and Joyce Martin, Buyer, for $125,000. The sale was to be completed and possession delivered to Buyer on July 8,1974. On…