Stovall v. Publishers Paper Co.

This is a timber trespass case in which plaintiff appeals from the granting of defendants’ motion for summary judgment. Plaintiff commenced the action under ORS 105.810, seeking treble damages for defendants’ alleged unauthorized cutting of timber on plaintiff’s land. Defendants admitted cutting the timber, but alleged as an affirmative defense that they were authorized to do so under a written "timber sale and logging agreement.” In his reply plaintiff admitted that the contract at one time was in effect, but alleged that plaintiff had terminated the contract before defendants cut the timber.