Fearrien

On this appeal by plaintiff corporation from an order denying its motion to modify the judgment so as to provide for an extension of the time during which plaintiff could cut and remove timber from defendants’ property it is urged that the trial court had the power to make such modification and that the evidence adduced by plaintiff justified such modification. We have concluded that the trial court’s determination that it did not have the power to modify was correct and that accordingly the order appealed from must be affirmed. The factual and procedural background of the case is as follows.

On April 4, 1951 plaintiff and defendants entered into a contract for the sale to and removal by plaintiff of certain types of timber from defendants’ property. Under this contract, plaintiff had the right to cut and remove the specified types of timber from defendants’ property for a period of 10 years from the date of the contract. As a result of various disputes which arose between the parties concerning the subject contract, defendants on June 3, 1959 obtained a preliminary injunction enjoining plaintiff from cutting or removing timber under 16 inches in diameter from defendants’…