Brakhage v. Tracy

Citations

• 13 S.D. 343
• 83 N.W. 363
• 1900 S.D. LEXIS 150

Syllabus

<p>Plaintiff sued to enforce a contract to convey real estate. After making the contract, the purchaser entered on the land, and constructed a house, and occupied it with his family. A policy of insurance was taken_ out on the house in the name of the vendor, at his request, but the premium was paid by the purchaser. After taking out the insurance, the purchaser’s wife assumed all the liabilities of her husband, and succeeded to his rights under the contract of purchase, and while she so held the property the house was destroyed by fire. Held, that the insurance money collected by the vendor was held in trust for plaintiff, and that on tendering the purchase price less the insurance she was entitled to a conveyance.</p>