Pomeroy v. Ætna Insurance

Citations

• 86 Kan. 214
• 120 P. 344
• 1912 Kan. LEXIS 261

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>.1. Vendor and Purchaser — Deed in Escrow — Title Remains in Vendor. While a deed is in escrow, awaiting the performance of conditions precedent to the delivery thereof by the vendor - to the vendee, there is no change in the title or right of possession to the property although the purchaser occupies it with the consent of the vendor in anticipation of completing the contract of sale and purchase.</p> <p>- Insurance — Loss while Deed is in Escrow — Vendor may Recover. Where, in such case, the vendor has a fire in.surance policy on a house situated oh the premises, and the' house is destroyed by fire while so occupied and before the conditions of the escrow are performed, the hazard from fire not being increased, the right to recover on the contract of insurance is not forfeited.</p> <p>3. Election op Remedies. Under the facts in this case the doctrine of election of remedies has no application.</p>