Brush Grocery Kart, Inc. v. Sure Fine Market, Inc.
Colorado Supreme Court
47 P.3d 680 (2002)
Brush Grocery Kart, Inc. (plaintiff) entered into a five-year lease with Sure Fine Market, Inc. (defendant) for use of Sure Fine’s real property and operation of a grocery store located on the premises. The lease included a provision allowing Brush to purchase the real property at the end of the lease, with the price to be the average of the appraisals received by both parties. At the end of the lease, Brush attempted to purchase the property, but the parties could not agree on the price. As a result, Brush cancelled its insurance policy on the property and left the premises. Brush then brought suit against Sure Fine, alleging that Sure Fine's offer was given in bad faith and was a breach of the leasing agreement. Sure Fine counterclaimed with the same argument. A special master was appointed to set the purchase price for the property. During the trial proceedings, a hailstorm caused $60,000 in damage to the property. Neither party was carrying insurance on the property, and both parties claimed the other was liable for the damage. The special master set a value for the property and concluded that Brush was responsible for the $60,000 loss. Brush appealed. The court of appeals affirmed the special master’s decision. Brush petitioned for certiorari to the Supreme Court of Colorado.
Rule of Law
Holding and Reasoning (Coats, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 705,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 705,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,300 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.