Sanford v. Breidenbach
Court of Appeals of Ohio
173 N.E.2d 702 (1960)
Breidenbach (defendant) contracted to buy land and a house from Sanford (plaintiff), obtained his own casualty insurance, and put part of the price in escrow; Sanford also carried insurance on the property. Before closing, the house burned down, and Breidenbach refused to complete the purchase. Sanford sued for specific performance, and Breidenbach cross-claimed to make Sanford's insurer cover the loss; the trial court denied specific performance -- because Sanford had never delivered a required septic tank easement -- and split the insurance responsibility between both companies based on the escrow deposit's share of the purchase price.
Whether the doctrine of equitable conversion vests equitable title in a real estate buyer when the seller has not performed all conditions of the contract and become entitled to specific performance.