Boatright v. Morgan

ALMON, Justice.

Ernestine Reid Morgan brought an action against Sylvia L. Boatright and David J. Gamble, alleging trespass, conversion, and negligent or wanton destruction and removal of timber on Morgan’s property. After Gamble was discharged in bankruptcy, the case proceeded to trial against Boat-right. The trial court, sitting without a jury, awarded Morgan $20,000 in damages.

Boatright and Gamble entered into a contract wherein Gamble agreed to cut the timber on Boatright’s property for a stated consideration based on the amount of timber cut. The contract, which was drafted by Gamble,…