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Property Keyed to Rabin
Producers Lumber & Supply Co. v. Olney Bldg. Co.
Facts
Producers Lumber & Supply Co. (Plaintiff) purchased the property in question from Elliot Construction Company (Elliot). Plaintiff’ general manager had intended to build his residence there. About a year later, H.P. Orts, owner of Elliot and Olney Building Co. (Defendant), decided he wanted to build residences on the lot and on several nearby lots that he also owned. When Defendant inquired within his company whether it had sold the subject lot, the secretary-treasurer of his company incorrectly informed Defendant that it had not been sold. By the time a title search was done, revealing that the lot in fact had been sold, the residence was nearly completed. Plaintiff was unaware of and never consented to having Elliot build a residence on its property. When negotiations to resolve the situation broke down, Defendant had the home demolished without Plaintiff’ consent, leaving behind a heap of building materials and debris. The trial court awarded Plaintiff $900, consisting of both exemplary and compensatory damages. Plaintiff appealed.
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