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Remedies Keyed to Tabb, 8th
Laube v. Thomas
Citation:
376 N.W.2d 108 (1985)Facts
In 1983, the defendants contracted to sell their Floyd County farm to the plaintiffs, with possession scheduled to transfer on March 1, 1984. Although the contract did not reserve any timber rights to the sellers, during August and September 1983, the defendants cut down and removed approximately one hundred walnut trees from the property. The trees were conceded to be timber or forest trees, not part of any windbreak or used for ornamental purposes. The trees stood at two sites on the farm: one in a low-level area near a stream and another in a permanent pasture. Both sites had been previously timbered about five years earlier, with other trees having been removed, suggesting the remaining trees were smaller and presumably inferior for marketing purposes. The plaintiffs’ expert witness testified that the trees, at twenty years of age, would not reach their reasonable marketing potential for another twenty years, making it an impractical time for harvesting. The defendants offered to confess judgment for $1,000, which the plaintiffs refused.
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