Everhart v. Miles
Court of Special Appeals of Maryland
422 A.2d 28 (1980)
Bruce and Sharon Miles (plaintiffs) negotiated to buy a 101-acre farm from Edwin Everhart (defendant) for $279,000, made a down payment, and moved onto the property to run its dairy business while a final contract of sale was still being negotiated. With the sale still pending, the Mileses fixed the barn roof, renovated the farmhouse, installed a septic system, and made other improvements, all with Everhart's knowledge and apparent blessing. When negotiations broke down after the Mileses lowered their offer and Everhart rejected it, the Mileses left the farm and sued for restitution for the value of their improvements; the trial court awarded restitution on an unjust-enrichment theory, and Everhart appealed.
Whether restitution may be awarded to a party who improved another's real property where the property owner knew of, approved, and never attempted to stop the improvements.