Bryant v. Willison Real Estate Co.
Supreme Court of Appeals of West Virginia
350 S.E.2d 748 (W. Va. 1986)
Bryant (plaintiff) contracted to purchase a building from Willison Real Estate Co. (defendant) on January 4, 1980. On that day, Bryant made a $10,000 down payment. The balance was to be paid upon the delivery of the deed. On February 18, before the deed was delivered, a water line in the building broke, causing damage to that building and to two adjacent buildings. Willison paid to repair the damage to the adjacent buildings. The damage would delay Bryant’s planned use of the building for over a month. Bryant asked Willison Real Estate to agree to rescind the contract. Willison Real Estate denied the request, and sold the building to another purchaser in July. Bryant then filed suit seeking rescission of the contract and return of his down payment. The trial court, applying the doctrine of equitable conversion, held that Bryant must bear the risk of loss due to the water damage as well as the costs of damage to the adjacent buildings. Bryant appealed, arguing that the trial court had improperly disregarded provisions in the contract of sale regarding risk of loss.
Rule of Law
Holding and Reasoning (Miller, C.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 707,000 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 707,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 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.