Everhart v. Miles

422 A.2d 28 (1980)

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Nature of the Case

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Facts

P negotiated with D for the purchase of some one hundred one acres of land, including barns, silos, farmhouse, cattle, certain equipment and farm machinery for $279,000.00. P traveled to the farm for the purpose of taking over their proposed purchases. They moved onto the farm on or about 1 June 1978, at which time they made a down payment of $10,000.00 instead of the originally agreed upon amount of $29,000.00. A contract of sale was to have been executed but this was never accomplished, and negotiations continued. P lived on the farm, ran the dairy business, and made certain improvements; for example, they fixed the barn roof, renovated the farmhouse, installed a septic system, and replaced the house pump, despite the absence of a written agreement. Further, they made repairs to a tractor, a silo loader, and a field chopper. Also, through their efforts, approximately six hundred tons of silage were put into the silos; this silage remained behind when Ps vacated the farm on 21 September 1978. A written contract was never prepared. Ps eventually lowered their total offer for the purchase of the farm, equipment, and cattle to $189,000.00. D rejected that offer. Ps left and brought suit against D for unjust enrichment. The evidence showed that P had lived on the farm with D's permission. Ps got the judgment based on unjust enrichment. D appealed.