Lawson v. Helmich

Jeffers, J. —

This action was instituted by H. C. Lawson, who was in possession of a certain ten-acre orchard, as vendee under an executory real estate contract, against Herman Helmich and Raymond Holmes, to recover damages for an alleged willful trespass by defendants.

Defendants, by their answer, admitted that plaintiff was purchasing the property under contract, and admitted plaintiff’s right to possession, but denied any willful trespass on their part, and denied that plaintiff had been damaged by any acts of defendants.

Defendants alleged affirmatively that, on or about December 1, 1941,…