May v. Muroff - 483 So. 2d 772 (Fla. Dist. Ct. App. 1986)

Rule:

If a seller's breach was deliberate, he should not be permitted to profit by his own wrong and enjoy a windfall profit. The purchaser is entitled to the fruits of this wrongfully received windfall. See Laurin v. DeCarolis Construction Co., 372 Mass. 688, 363 N.E. 2d 675 (1977). The purchaser should be entitled to the value of the materials removed.

Facts:

In the interim between entering into a contract to sell his land and the final closing thereof, seller improperly sold fill from the land in question to a third party. Purchaser filed a suit, claiming an entitlement to the proceeds of the sale. The trial court rendered a judgment for the purchaser, awarding him the difference in the land's value before and after the sale of the fill.

Issue:

Was the trial court correct in its finding that when land is permanently damaged, the proper assessment of damages is the difference between the value of the land before and after the injury?

Answer:

No.

Conclusion:

The reviewing court affirmed the judgment for purchaser but increased the award to the amount seller received for the value of the materials removed, holding that the trial court's award would result in a windfall to seller.