New York Court of Appeals
Robert v. v. Sewell, Appellant, v. Adelia S. Underhill, Respondent
January 4, 1910197 N.Y. 168
Summary
The Court of Appeals affirmed the lower court, holding that when a building on land is destroyed by fire after a contract for sale but before deed delivery, the loss falls on the vendee (buyer) because the buyer has become the equitable owner and the contract is capable of specific performance.