Laurin v. DeCarolis Construction Co., Inc.
Supreme Judicial Court of Massachusetts
363 N.E.2d 675 (1977)
James B. Laurin and another buyer (plaintiffs) contracted to purchase wooded property from DeCarolis Construction Company, Inc. (seller) (defendant), but before title passed, and over the buyers' objection, the seller cut down most of the trees and removed and sold much of the property's gravel, diminishing its value. The buyers sued and won damages for both the property's diminished value and the fair market value of the removed gravel; the appellate court reversed as to the gravel's fair market value, holding recovery was limited to diminished property value, and remanded for recalculation, and the buyers appealed to the state's highest court on the damages question alone.
Whether, until title passes, a property's buyer has only a contract interest in the property, while the seller continues to bear all risks and retain all rights associated with the property.