MAGNEY, JUSTICE.
Action to recover treble damages for conversion of certain standing timber owned by plaintiff. Defendant claimed that the timber was cut and taken with plaintiff's permission pursuant to a contract for its purchase. Judgment was entered for plaintiff for $914.70. Defendant appeals. The action was tried by the court without a jury.
At the trial, defendant produced exhibit A, an instrument in writing as follows:
"I am releasing the ...
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