Grays Harbor County v. Bay City Lumber Co.

289 P.2d 975 (1955)

Facts

Loggers inadvertently cut timber on P’s land and sold it to D, a lumber company, which was unaware of any wrong. The timber had a value of $8 per thousand board feet at the stump and $35 per thousand board feet at the time and place of D’s conversion. This difference resulted from the value that the loggers added by cutting and transporting the logs to D’s place of business. P sued D for conversion claiming the $35 value. D brought in the loggers as cross-defendants. The trial court held D liable for the enhanced value. The Supreme Court held that the stumpage value was the proper measure of damages.