Brink v. Warner

Action by appellee against appellant for conversion. Material averments of the complaint are, in substance, that appellant sold to appellee certain growing timber at and for an agreed price; that pursuant to the agreement which was in parol, appellee at his own expense cut the timber from the land and into logs, hauled the logs to a public highway, and was ready and willing to pay therefor in accordance with the terms of the contract; but appellant, notwithstanding his previous sale to appellee, and without appellee’s consent, wrongfully sold and delivered the logs to a third party, to…