Monday, January 6, 2014

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

Producers Lumber & Supply Co. v. Olney Bldg. Co. case brief summary
333 S.W.2d 619 (1960)

Appellant company sought review of the judgment of the trial court (Texas), which rendered a judgment in favor of appellant against appellee corporation in the sum of $ 600 in a suit filed by appellant to recover damages after appellee demolished a building it had accidentally constructed on appellant's lot. Appellant argued that the judgment should have been for a much higher amount.

Appellee erroneously constructed a building on a lot owned by appellant. Appellee subsequently demolished the building. Appellant instituted an action against appellee to recover damages therefore. A jury in the court below found that appellee had acted maliciously in demolishing the building because it did so without the consent or knowledge of appellant. Finally, the jury found that appellant was entitled to receive $300 in exemplary damages. The parties stipulated that the building had a value of $5,000 and that the building had enhanced the value of the lot by $5,000.

The court below awarded appellant $600, which was the amount the jury found it would cost to restore the lot to the same condition it was in immediately before the construction commenced.


  • On appeal, the court amended the lower court's judgment to permit appellant to recover the sums of $5,000 and $300 in addition to the $600 awarded by the court below. 
  • The court found that appellant was entitled to the value of the building because appellee committed waste when it demolished the building without the knowledge or consent of appellant. 
  • The lower court's judgment was affirmed as amended.

The lower court's award of damages in favor of appellant was affirmed after the court modified the judgment by adding to the award sums equal to the value of the building demolished and the value of exemplary damages found by the jury.

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