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FILIATREAU v. ALLSTATE INS. CO.

No. 16575.

358 S.E.2d 829 (1987)

William FILIATREAU, et al., v. ALLSTATE INSURANCE CO.

Supreme Court of Appeals of West Virginia.

July 1, 1987.

Attorney(s) appearing for the Case

M. Jane Glauser, James E. Seibert, Seibert, Kasserman, Farnsworth, Gillenwater, Glauser & Richardson, Wheeling, for appellants.

Charles D. Bell, Wellsburg, for appellee.

BROTHERTON, Justice:

On December 29, 1976, Mary V. Ratcliffe contracted to sell a building located in Wheeling, Ohio County, West Virginia, to William F. Filiatreau for the sum of $32,000. A $1,000 down payment was made and held in escrow by the real estate agent to be applied to the purchase price at the closing of the sale. The printed form contract contained the following language typed in:

It is further mutually understood and agreed that the risk of...

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