Cohn v. Lovell Lumber Co.

The appellants sued the appellee in trespass in two counts: One for the statutory penalty for the cutting of forty-five pine trees and five oak trees from the lands of the appellants; and the second count for the actual value of the timber cut, alleging the value to be nine hundred dollars. The defendant appellee pleaded the general issue upon each count. There was no pleading of tender and amends, but at the beginning of the trial before the jury the defendant’s counsel made the following statement:

“We want to tender twenty-four dollars and fifty cents to the plaintiff to cover twelve…