Darrar v. Chase

PORTER, Chief Justice.

This is an action prosecuted by plaintiff for the recovery of triple damages for malicious trespass on timber alleged to be owned by plaintiff-appellant. At the trial the court entered judgments of nonsuit in favor of defendants. From such judgments appellant prosecutes this appeal.

On the first of February, 1955, Carl M. Buell, as seller, and respondents, Cyril Chase and Mansfield Shepherd, as buyers, entered into a written agreement whereby the seller sold to the buyers all the merchantable timber located upon a certain 80-acre tract of land in Shoshone County, for the…