Kelly v. Fine

Suit is for damages for removal of topsoil from plaintiffs’ lot. Defendant appeals from judgment for plaintiffs entered on jury verdict.

Defendant was manager of a construction company which had developed a new subdivision for housing. Plaintiffs purchased one of the lots from the company which contracted to construct a house on it for them at a price of $13,600 for the house and lot. The subdivision had been accepted for financing by the Federal housing administration which had included among its requirements’ a “block” grading plan. Plaintiffs did not finance through the Federal housing…