John N. Seaver, Jr. v. United States Plywood Corporation

In this action by appellant-plaintiff, a citizen of Oregon, against the appellee-defendant, a New York corporation, it was alleged that defendant had intentionally trespassed upon certain lands of plaintiff and wilfully cut and removed timber belonging to him. The prayer was for judgment for three times the damages suffered by the plaintiff. Upon the trial the court determined that the defendant owned all of the timber which it cut upon plaintiff’s land with the exception of five cedar trees. It awarded the plaintiff damages in the sum of $80, being double the value of the five cedar trees, and denied all other relief. Plaintiff has appealed.

The land now owned by the plaintiff was on May 4, 1942, owned by one War-lick and his wife. On that day the War-licks entered into a written agreement with Siuslaw Forest Products, Inc., here called Siuslaw, by the terms of which the Warlicks agreed to sell to Siuslaw “all of the merchantable old growth and second growth fir and hemlock timber either standing or down and now growing or located upon the following described real property”. Siuslaw agreed to purchase and remove the timber and it was stipulated that Siuslaw “shall have twenty…