Cummer-Graham Co. v. Maddox

The question here concerns the measure of damages to be allowed the landowner for standing timber cut and sawed into lumber by one who honestly believed he had a right to so do.

The trial court rendered judgment for the landowner based on stumpage value or in other words the market value of the standing timber at the time it was cut. The Court of Civil Appeals reversed and rendered, holding that the landowner was entitled to be compensated for the value of the lumber sawed from his trees. 277 S.W. 2d 774.

The facts may be summarized rather briefly. Cummer-Gra-ham Company, petitioner here,…