Tacoma Mill Co. v. Perry

Citations

• 40 Wash. 44
• 82 P. 140
• 1905 Wash. LEXIS 934

Syllabus

<p>Contracts — To Cut Loos on Lands of Another — Certainty— Price Fixed by Third Party. A contract for the cutting of timber on the land of another is not incomplete because the price was left to he fixed by a third person.</p> <p>Actions — Tort or Contract — Trespass—For Cutting Timber — ■ Treble Damages — Action For — No Recovery on Contract. An action for treble damages for unlawfully cutting timber on the land of another, under Bal. Code, §§ 5656, 5657, sounds in tort for a trespass, and no recovery can be had thereon upon proof of a contract agreeing to pay the value of the timber cut.</p>