BURKHART v. CARTWRIGHT ET AL


221 Or. 26 (1960)

350 P.2d 185

BURKHART v. CARTWRIGHT ET AL

Supreme Court of Oregon.

Reversed and remanded March 16, 1960.


Attorney(s) appearing for the Case

Willard Bodtker, Albany, argued the cause for appellant. On the brief was Melvin Goode, Albany.

Orval N. Thompson, Albany, argued the cause for respondent. On the brief were Weatherford & Thompson, Albany.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY and HARRIS, Justices.


REVERSED AND REMANDED WITH INSTRUCTIONS.

PERRY, J.

The plaintiff John Burkhart brought this suit to restrain the defendant Henry H. Cartwright (whose name was erroneously stated in the pleadings as Henry L. Cartwright) and George Dunham from a threatened trespass upon his lands and as ancillary relief sought damages for injuries suffered by reason of a prior trespass.

The defendants denied a wrongful trespass and sought damages for breach of contract...

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