Voorde Poorte v. Evans

832 P.2d 105 (1992)

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Voorde Poorte v. Evans

Washington Court of Appeals
832 P.2d 105 (1992)

Facts

William and Jeanette Evans (defendants) entered into a real-estate contract to buy a mobile home from Art and Ann Voorde Poorte (plaintiffs). The terms of the agreement set a closing date of August 15, 1987 and entitled the Evanses to possession at closing. The contract further provided that the risk of loss remained on the Voorde Poortes until closing, and that in the event the property was destroyed by fire, the Evanses had the right to terminate the contract. Because the Voorde Poortes had difficulty clearing title to the mobile home, the closing was delayed. During the time before closing, the Evanses took possession. Shortly thereafter, the mobile home was destroyed by a fire due to a malfunctioning electrical appliance. The Evanses notified the Voorde Poortes of their decision to terminate the contract. The Voorde Poortes subsequently brought suit against the Evanses, alleging breach of contract. The Evanses moved for summary judgment. The trial court granted the Evanses’ motion and dismissed the Voorde Poortes’ suit. The Voorde Poortes appealed, contending that the Evanses should bear the risk of loss of the mobile home because the Evanses had taken early possession of the home without the Voorde Poortes’ knowledge or consent.

Rule of Law

Issue

Holding and Reasoning (Sweeney, J.)

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