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Brush Grocery Kart, Inc. v. Sure Fine Market, Inc.

Supreme Court of Colorado
47 P.3d 680 (2002)

Brush Grocery Kart, Inc. v. Sure Fine Market, Inc.


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.)

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