Sripetch v. SEC · ¶30
Many other cases are of a piece. In Corey v. Struve, 170 Cal. 170, 149 P. 48 (1915), the plaintiff leased land to the defendants and granted them a limited right to “plo[w] . . . under” the tops of beets growing there for use “as a fertilizer.” Id., at 171, 149 P., at 48. Instead, the defendants sold the beet tops to be “eaten by . . . cattle.” Ibid., 149 P., at 49. The parties agreed that the plaintiff suffered no pecuniary loss because of this deviation from their deal. Ibid. Even so, the court ordered the defendants to turn over to the plaintiff “the proceeds of the sale of his property wrongfully made.” Id., at 174, 149 P., at 50. In Edwards v. Lee's Adm'r, 265 Ky. 418, 96 S. W. 2d 1028 (1936), a man opened a cave as a tourist attraction. But about a third of the cave sat under land belonging to his neighbor. Id., at 420–421, 96 S. W. 2d, at 1028–1029. The court ordered the…Read in context ›
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