Tellock v. Backholm

Magnet, Justice.

Action to recover treble damages for conversion of certain standing timber owned by plaintiff. Defendant claimed that the timber was cut and taken with plaintiff’s permission pursuant to a contract for its purchase. Judgment was entered for plaintiff for $914.70. Defendant appeals. The action was tried by the court without a jury.

At the trial, defendant produced exhibit A, an instrument in writing as follows:

“I am releasing the green timber in Sec. 27 NE % of NE % to Emil Backholm $10.00 in full

“By Forrest

Tellock.” (Italics supplied.)

*329This release or receipt would ordinarily…