Brush Grocery Kart, Inc. v. Sure Fine Market, Inc.
Supreme Court of Colorado
47 P.3d 680 (2002)
Brush Grocery Kart, Inc. (Brush) (plaintiff) entered into a five-year lease with Sure Fine Market, Inc. (Sure Fine) (defendant) for use of Sure Fine’s real property, and operation of a grocery store located on the premises. The lease included a provision that would allow 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, however, the parties were unable to come to an agreement as to price. As a result, Brush cancelled its insurance policy on the property and left the premises. Brush then brought an action against Sure Fine, alleging that its offer was given in bad faith and breached the leasing agreement. Sure Fine counterclaimed with the same argument. A special master was then appointed to set the purchase price for the property. During the trial proceedings, a hailstorm caused $60,000 worth of damage to the property. As neither party was carrying insurance on the property, both parties claimed the other was liable for the damage. The special master determined the value of the property was $375,000, with Brush being responsible for the $60,000 loss because it was the equitable owner of the property, and as such, bore the risk of loss. Brush appealed the decision, with the court of appeals affirming 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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.
Here's why 177,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.