LAUBE v. ESTATE OF THOMAS

No. 85-109.

376 N.W.2d 108 (1985)

Richard F. LAUBE and Judy K. Laube, Appellants, v. ESTATE OF Vernon O. THOMAS and Betty M. Thomas, Appellees.

Supreme Court of Iowa.

November 13, 1985.


Attorney(s) appearing for the Case

William M. Frye of Erb, O'Donohoe & Frye, Charles City, for appellants.

Alfred A. Beardmore, Charles City, for appellees.

Considered by HARRIS, P.J., and McGIVERIN, LARSON, CARTER and WOLLE, JJ.


HARRIS, Justice.

This appeal presents a straightforward damages question. What is the proper measure of damages for the wrongful destruction of walnut trees? The trial court, rejecting plaintiffs' claim for their future productive value, fixed the award on the basis of their current market value as lumber. We affirm.

In 1983 defendants contracted to sell a farm in Floyd County to plaintiffs. Possession was to pass on March 1, 1984. Although no timber rights...

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