Laube v. Thomas

376 N.W.2d 108 (1985)

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Nature of the Case

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Facts

D contracted to sell a farm to Ps. No timber rights were reserved to D, but they cut down and removed about one hundred walnut trees from the tract. P sued D. There is no question of liability; at trial, Ds offered to confess judgment for $1,000. The offer was refused. At trial, Ps conceded the trees were timber or forest. They were not a part of any windbreak or used for any ornamental purposes. P's showed that it was not a practical marketing time for the trees because they would not mature so as to reach their reasonable marketing potential for another twenty years. Ps claimed the damages were their current market potential 20 years from now discounted to present value. The court awarded the value of the trees as timber. P appealed.