Lewis

This is an action for damages for wrongful removal of timber from plaintiff's land. It has a long history. In 1949, plaintiff’s predecessor in interest contracted to sell to defendant Thompson and one Edsell, timber on the predecessor’s land. In 1954, plaintiff brought an action to declare rescission of the contract for breach by Thompson and Edsell. Appellant Lewis acquired Edsell’s interest, and transferred a share thereof to appellant Rawles. In 1956, Lewis, Rawles and Thompson, hereinafter called the Lewis group, transferred their rights to Moores, Smith and others, hereinafter called the Moores group, who commenced logging off the timber, and the present action was filed. Judgment declaring rescission of the Thompson-Edsell contract was entered, and was affirmed on appeal (Crofoot Lumber, Inc. v. Thompson, 163 Cal.App.2d 324 [ 329 P.2d 302 ]). Thereafter the present action was tried, and resulted in judgment for plaintiff for the “stumpage value” of timber removed, in the sum of $105,945. On appeal by plaintiff, it was held that an inadequate measure of damages had been applied, the judgment was reversed and the case remanded for trial of the issue of damages. On retrial…