Skelly Oil Co. v. Ashmore
Supreme Court of Missouri
365 S.W.2d 582 (1963)
Relevant factsFree
Before closing on a $20,000 sale that expressly included the property's buildings, a fire destroyed a building worth over $12,000 covered by only a $10,000 insurance policy, which the Ashmores (defendants) retained; Skelly (plaintiff) sued for specific performance with a $10,000 price reduction, and the trial court ruled for Skelly.
IssueFree
Whether, when a conveyance of real property includes land and buildings and the buildings constitute an important part of the bargain and of the value of the estate, the seller bears the risk of loss until the closing.