Muir v. Ruder

Defendants James Ruder (“landscaper”) and Constance Ruder, his wife, appeal from the trial court’s judgment ordering them to pay James B. Muir (“landowner”) $6,160 for trees landscaper removed from landowner’s property. Landowner filed a conversion and trespass action against landscaper, claiming that landscaper had broken a previous contract with landowner for the purchase of trees and then entered his property and unlawfully removed approximately 220 trees. The trial court erred in finding that conversion or trespass occurred in that the elements of those causes of action were not proven.…