STAKELY, Justice.
This is a suit by George C. Funchess (appellee) against W. W. Mills individually and doing business as Mills Lumber Sales Company (appellant) to recover for lumber taken from plaintiff's land. It was tried before a jury and resulted in a verdict for the plaintiff. From the judgment rendered thereon, defendant appealed.
The case went to the jury on three counts, the first two declaring upon the breach of a covenant or agreement in writing...
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