Dierks Lumber & Coal Co. v. Williams

GIBSON, V. C. J.

This is an action in trespass for cutting and removing timber from plaintiff’s land. Judgment was for plaintiff, and defendant appeals.

Plaintiff’s right to recover depended upon the duration of a written timber contract entered into between the parties. The allegations of the petition were that the actual agreement was that the contract extended for a period of five years; that defendant’s entry upon the premises and the removal of the timber took place subsequent to the expiration of said term; that the contract, as it appeared of record, provided for a term of ten years, but…