Friday, November 11, 2011

Producers Lumber & Supply Co. v. Olney Building Co. case brief

Producers Lumber & Supply Co. v. Olney Building Co. (333 S.W.2d 619)

  • Lot 8 was purchased by P for $1428 for a home which was to be built.
  • P had the lot graded and planted tress and grass on it.
  • D constructed 9 dwellings, one of which was on D's lot.
  • D called secretary/treasurer, asked if lot 8 was sold, was told "no"
  • Later D learned that lot 8 was sold to P, dwelling at that time was almost complete.
  • There was no settlement between the parties reached regarding D buying lot from P.
  • D eventually broke off negotiations, sent a crew to destroy the building without P's permission.
-Did D act maliciously in the deconstruction of the dwelling on lot 8?
-Did P have unclean hands because he did not offer pay the D what the dwelling that was built was worth?
-Yes, when D went to lot 8 without the consent of P and demolished the home, he committed waste.  D must pay P the value of the dwelling that he destroyed.
-No, even if P was seeking equitable relief, failure to settle on a claim on D's terms or anothers terms do not equal unclean hands.
-Can not resort to self help and take the law into your own hands.
-Great destruction of property goes against the clean hands requirement

Class: Property
Subjects: Waste, Clean hands, Trespass, Malicious destruction of property.

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