Trinity Lutheran Church v. Lipps

MARY R. RUSSELL, Judge.

A church sued for damages when a logger working under an agreement with one of the church’s adjacent landowners cut and sold logs from the church’s property. We find that the church did not make a submissible case of agency between the logger and the landowner whose timber the logger had agreed to cut, and that the trial court erroneously denied the landowner’s motion for directed verdict or for judgment notwithstanding the verdict' (“JNOV”). The judgment as to the landowner is reversed and remanded to the trial court with instructions that the trial court grant the…