Pearson v. Sigmund

This is a suit for an injunction against further cutting and removal of timber under a contract for the sale of such timber. Plaintiffs’ complaint also demanded payment of $10,000 allegedly due under that contract. After the issuance of a preliminary injunc tion, defendants filed a counterclaim for damages, including attorney fees, for the issuance of a wrongful injunction and for breach of contract, as well as damages for wrongfully representing that there was “suitable ingress and egress for the purposes of removing timber * * * ”

The trial court denied relief to both parties, but held that…