Martindale Lumber Co. v. Trusch

HESTER, Judge:

Larry C. and Bonnie J. Trusch appeal following a trial court’s decision to hold them *804liable to appellee, Martindale Lumber Company, for breach of contract. The court awarded appellee $99,265.90 in damages plus prejudgment interest. We reverse.

Appellee instituted this action by filing a complaint wherein appellee pleaded specifically that the action was a “civil action — in equity for specific performance.” Complaint at 1. Appellee alleged therein that it had an agreement with appellants whereby appellee had been granted the right to harvest trees on property owned by appellants…