Question
Please identify the issues the questions are seeking you to address, state the rule, apply the facts from the story and state a clear conclusion.
Please identify the issues the questions are seeking you to address, state the rule, apply the facts from the story and state a clear conclusion.
Fact Pattern:
Jay spent his last day at work prior to his retirement looking through listings for cabins for sale.He was dreaming of being able to kick back and relax, and maybe to make a bit of extra money during retirement.He found a great cabin for sale in Tennessee, which not only had great views of the mountains, but had a bit of farm land and an apple orchard.He immediately called the listing agent and made an offer.
It turns out that Rick, who owned the cabin also owned the cabin next door.He too was looking to retire and wanted to downsize to just his personal cabin.Jay took a weekend trip to see the cabin and tour the property. He was surprised to find the little bit of farmland covered in corn, and really loved the thought of having his own apples from the orchard. At the end of the weekend, he made an offer to Rick to purchase the cabin and property.Rick was happy to sell the cabin to Jay with the orchard and the farm land.
On the day they chose to close the sale, they exchanged money and all the appropriate deeds and contract.Rick mentioned he wasn't fully moved out, and asked for an additional week before turning over possession of the cabin and property to Jay.Jay needed to pack up his house in Ohio, and was fine with giving Rick the extra time to move his stuff out of the cabin.
After his week away Jay returned and was excited to get to work on the new land.Rick had indeed moved his stuff out of the cabin, but much to Jay's surprise Rick had harvested all of the corn, and had clear cut all of the trees from the apple orchard.All the apples and the trees were gone.Jay sued Rick for the damage to the property and the value of the apple orchard, the apples, and the corn.
Does Rick owe Jay anything?
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