Brush Grocery Kart, Inc. v. Sure Fine Market, Inc.
Supreme Court of Colorado
47 P.3d 680 (2002)
Brush (plaintiff) leased and later attempted to purchase property from Sure Fine (defendant) under a lease-option agreement, but the parties disputed the purchase price, leading Brush to cancel its insurance and vacate the property while a special master was appointed to set the price. During that dispute, an uninsured hailstorm caused $60,000 in damage while Brush was no longer in possession; the special master held Brush liable for the loss, and the court of appeals affirmed before Brush sought Colorado Supreme Court review.
Whether a vendee under a real-property sales contract bears the risk of a casualty loss occurring before transfer of title when the vendee is not in possession of the property at the time of the loss.