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Toalson v. Madison
Missouri Court of Appeals
307 S.W.2d 32 (1957)
W. Rucker Toalson and F. E. Toalson (plaintiffs) bought a house and lot that they mistakenly believed to be a subdivision’s Lot 17. In fact, the property was actually Lot 18, which Arch Madison (defendant) had already purchased. The Toalsons made several expensive improvements to the property. Madison, who knew he was the property’s rightful owner, witnessed the improvements being made, told the Toalsons that the work looked good, and said nothing to stop the work. Only after the improvements had been completed did Madison make the Toalsons aware that he owned the property. The Toalsons vacated the property, but when Madison refused to compensate them for the improvements the Toalsons made, they sued for reimbursement. The trial court decided the case for Madison, and the Toalsons appealed to the Missouri Court of Appeals.
Rule of Law
Holding and Reasoning (Sperry, Comm’r)
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