Baxter v. Lyttle

CONOVER, Presiding Judge.

Don Baxter, d/b/a Baxter Lumber Company (Baxter) appeals the Clark Circuit Court’s award of damages to Jacqueline F. Lyttle (Lyttle) for cutting timber which he had not previously purchased.

ISSUES

1. Was Baxter subject to statutory treble damages for cutting timber he had not previously purchased?

2. Were the damages assessed against Baxter excessive?

3. Did the trial court err by not awarding attorney fees to Lyttle?

FACTS

Baxter, a licensed and experienced timber buyer, signed a written contract to purchase timber growing on land owned by three real estate speculators.…