Wingard v. Lee

Bell, Judge:

This is a landlord-tenant dispute. The tenant, James T. Wingard, commenced suit against the landlord, Ralph E. Lee, seeking enforcement of certain rights under a long term lease of unimproved real property. Lee counterclaimed for damages and forfeiture of the lease, alleging Wingard had committed waste on the property by unreasonably cutting and selling merchantable timber. The circuit judge, sitting without jury, found no waste had been committed. However, he required Wingard to pay the proceeds from the sale of the timber to Lee. He also ordered Lee to forfeit one month’s rent…