Gerry v. Johnston

McQUADE, Justice.

Gerry commenced this action to recover damages from Johnston alleging that Johnston had wrongfully cut timber on his land. Johnston filed a cross complaint seeking specific performance of an alleged oral contract between Gerry and Johnston for the sale of certain timber on land owned by Gerry. In the alternative, Johnston sought damages occasioned by the alleged breach of the oral contract by Gerry.

A trial was had and each of the parties made a motion for a directed verdict. The trial judge granted each motion. Defendant Johnston moved for a new trial upon his…