Shick v. Dearmore

442 S.W.2d 198 (1969)

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Nature of the Case

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Facts

Dearmore sold a vacant residential lot to Nelson who was to pay for the lot in installments over two years. Nelson took possession and moved a trailer house to the lot and began the construction of a permanent dwelling house on the land. Nelson employed Shick to drill a water well on the property. Shick completed the well to a depth of 284 feet with 191 feet of pipe. Nelson ran out of money without having paid Dearmore for the lot or Shick for the water well. Nelson just disappeared. Later on, it was learned that the well was actually drilled a few inches past Nelson’s property line and upon an adjoining lot owned by Dearmore. Shick threatened to assert a lien against the lot. Dearmore (P) then sued in equity to enjoin Shick (D) from either claiming a lien or destroying the well. D counterclaimed and asserted that Nelson acted as P’s agent in employing D to drill the well. D asked for $992 in damages. D was unable to prove the agency at trial. The chancellor ruled in P’s favor but said that D might remove the well and restore the land to its original condition. Eventually, the court changed its mind and ruled the well was a permanent improvement and had become part of the realty and that D had no right to remove it. This appeal resulted.