Libby Creek Logging, Inc. v. Johnson

(Pro Tempore)

Plaintiff brought an action at law against the defendant upon a promissory note. The defendant, in its answer, admitted the execution of the note and alleged three further and separate defenses including a counterclaim for fraud. The jury awarded the defendant the amount demanded in the counterclaim and plaintiff appeals.

The plaintiff owned certain timberland in Curry county and, after some negotiations, entered into a written contract to sell the timber to defendant. The final contract provided that the defendant was to pay $18,500 for “all logs removed np to and including…