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Producers Lumber & Supply Co. v. Olney Bldg. Co.

Texas Court of Appeals
333 S.W.2d 619 (1960)


Facts

Producers Lumber & Supply Co. (Producers) (plaintiff) purchased the subject property from Elliot Construction Company (Elliot). Producers’ 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 Orts inquired within his company whether it had sold the subject lot, the secretary-treasurer of his company incorrectly informed Orts 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. Producers was unaware of and never consented to having Elliot build a residence on its property. When negotiations to resolve the situation broke down, Orts had the home demolished without Producers’ consent, leaving behind a heap of building materials and debris. The trial court awarded Producers $900, consisting of both exemplary and compensatory damages. Producers appealed.

Rule of Law

Issue

Holding and Reasoning (Murray, C.J.)

Dissent (Barrow, J.)

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