Graffell v. Honeysuckle

Plaintiffs brought suit to recover treble damages for waste alleged to have been committed by defendants while in possession of plaintiffs’ real property under a written lease. Upon a trial without a jury, the court determined the amount of damages actually sustained by plaintiffs and entered judgment therefor, but refused to treble the amount. Because of such refusal, plaintiffs appealed.

The facts as found by the trial court and recited in its formal findings are as follows:

Appellants, Newton J. Graff ell and Edward D. Pitter, co-partners doing business under the name of Progressive…