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BRIZ-LER CORPORATION v. WEINER

171 A.2d 65 (1961)

BRIZ-LER CORPORATION, a corporation of the State of Delaware, Plaintiff Below, Appellant, v. William WEINER, Esther Weiner, Abraham Kristol, Pearl Kristol, United States Fidelity and Guaranty Company, a corporation of the State of Maryland, Agricultural Insurance Company, a corporation of the State of New York, Firemen's Insurance Company, a corporation of the State of New Jersey, Continental American Life Insurance Company, a corporation of the State of Delaware, Defendants Below, Appellees.

Supreme Court of Delaware.

April 24, 1961.

Attorney(s) appearing for the Case

Thomas H. Wingate, Wilmington, for appellant.

Daniel L. Herrmann and Leroy A. Brill, of Herrmann & Duffy, Wilmington, for appellees.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

WOLCOTT, Justice.

This is an appeal from a judgment of the Court of Chancery dismissing a complaint seeking recission of a contract, an accounting, and an equitable lien upon real estate or upon the proceeds of insurance. The basic question of the appeal is whether a loss occasioned by a fire should fall upon the seller or the purchaser of real estate under an installment contract.

In October, 1954, the plaintiff and defendants entered into a contract for...

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