Uploaded May 2026 | Updated September 2026, 2 weeks ago
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Bleckley v. Langston | 143 S.E.2d 671 (1965)
If a buyer purchases a new home, but a storm damages the property before the buyer takes possession of the home, does the seller or the buyer bear the risk of loss? The Georgia Court of Appeals answered this question in Bleckley versus Langston.
On December twenty-third, nineteen sixty-three, the plaintiffs, referred to as the buyers, entered into a contract to purchase real estate from the defendants, referred to as the sellers. The buyers paid a ten-thousand-dollar down payment but agreed that the sellers would retain possession of the property until the buyers paid the full contract price. The contract stated that the buyers weren’t required to pay the full price of the contract until February first, nineteen sixty-four. On January first, nineteen sixty-four, while the sellers still had possession of the property, an ice storm damaged all the pecan trees on the property. The damage to the trees reduced the market value of the property by about thirty-two thousand dollars. After the storm, the buyers informed the sellers that they wanted to rescind the contract because of the damage to the trees. The buyers also wanted the sellers to return the buyers’ down payment. The sellers refused to return the down payment and demanded that the buyers fulfill the contract.
The buyers sued the sellers to rescind the contract and to recover their down payment. The sellers filed a counterclaim for damages for the buyers’ breach. The trial court granted summary judgment in favor of the buyers. The sellers appealed.
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Get more case briefs explained with Quimbee. Quimbee has over 42,700 case briefs (and counting) keyed to 988 casebooks ► quimbee.com/case-briefs-overview
Bleckley v. Langston | 143 S.E.2d 671 (1965)
If a buyer purchases a new home, but a storm damages the property before the buyer takes possession of the home, does the seller or the buyer bear the risk of loss? The Georgia Court of Appeals answered this question in Bleckley versus Langston.
On December twenty-third, nineteen sixty-three, the plaintiffs, referred to as the buyers, entered into a contract to purchase real estate from the defendants, referred to as the sellers. The buyers paid a ten-thousand-dollar down payment but agreed that the sellers would retain possession of the property until the buyers paid the full contract price. The contract stated that the buyers weren’t required to pay the full price of the contract until February first, nineteen sixty-four. On January first, nineteen sixty-four, while the sellers still had possession of the property, an ice storm damaged all the pecan trees on the property. The damage to the trees reduced the market value of the property by about thirty-two thousand dollars. After the storm, the buyers informed the sellers that they wanted to rescind the contract because of the damage to the trees. The buyers also wanted the sellers to return the buyers’ down payment. The sellers refused to return the down payment and demanded that the buyers fulfill the contract.
The buyers sued the sellers to rescind the contract and to recover their down payment. The sellers filed a counterclaim for damages for the buyers’ breach. The trial court granted summary judgment in favor of the buyers. The sellers appealed.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: quimbee.com/cases/bleckley-v-langston
The Quimbee App features over 42,700 case briefs keyed to 988 casebooks. Try it free for 7 days! ► quimbee.com/case-briefs-overview
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