Burkhart v. CARTWRIGHT

The plaintiff John Burkhart brought this suit to restrain the defendant Henry H. Cartwright (whose name was erroneously stated in the pleadings as Henry L. Cartwright) and George Dunham from a threatened trespass upon his lands and as ancillary relief sought damages for injuries suffered by reason of a prior trespass.

The defendants denied a wrongful trespass and sought damages for breach of contract under which they assert plaintiff sold to the defendant Cartwright all of the growing timber upon approximately 9 acres of land.

In reply, the plaintiff admitted he had agreed to sell to defendant…