Richard Burnett agreed to purchase a mobile home with a shed from Betty Jean Putrell, Executrix of the Estate of Lena Holland. On Saturday, March 3, Burnett paid Putrell $6,500 and was given the certificate of title to the mobile home as well as a key to it, but no keys to the shed. At the time the certificate of title was transferred, the following items remained in the mobile home: the washer and dryer, mattress and box springs, two chairs, items in the refrigerator, and the entire contents of the shed. These items were to be retained by Putrell and removed by her. To facilitate removal she retained one key to the mobile home and the only keys to the shed. On Sunday, March 4, the mobile home was destroyed by fire through the fault of neither party. At the time of the fire, Putrell still had a key to the mobile home as well as the keys to the shed and she had not removed the contents of the mobile home or of the shed.
The contents of the shed were not destroyed and were subsequently removed by Putrell. Burnett brought suit against Putrell to recover the $6,500 he had paid for the mobile home and shed. Did the seller, Putrell, have the risk of loss of the trailer?

  • CreatedJuly 16, 2014
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