Jayne v. Nash Lumber Co.

Citations

• 110 Miss. 841
• 71 So. 10

Syllabus

<p>Trespass. Action for damages. Sufficiency of complaint.</p> <p>A declaration alleging that pursuant to a contract between plaintiff and defendant a lumber company, the defendant in 1911 cut timber amounting to fifty-three thousand, feet and in 1912, to the amount of ten thousand feet and owed a balance thereon of thirty-eight dollars and sixty-two cents; that plaintiff notified defendant that he would expect rent for a mill site after 1911, for the first eight months of 1912 at ten dollars a month and after that at twenty dollars a month; that after notice the defendant kept trespassing on plaintiff’s land, and asking damages for a willful trespass, with an itemized statement of indebtedness annexed thereto and asking judgment on the amount thereof, stated a good cause of action.</p>