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RAPLEE v. PIPER

3 N.Y.2d 179 (1957)

Walter Raplee, Respondent, v. Mildred A. Piper, Appellant.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Constance E. Cook for appellant.

Henry Valent for respondent.

DYE, FULD and FROESSEL, JJ., concur with DESMOND, J.; BURKE, J., dissents in an opinion in which CONWAY, Ch. J., and VAN VOORHIS, J., concur.

DESMOND, J.

When a land purchase contract requires the vendee to keep the property insured against fire and there is a fire loss before performance of the contract is completed, any such insurance received by the vendor is to be applied on any remaining balance of the purchase price. Every appellate decision in New York so holds (Turner v. Bryant, 152 App. Div...

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