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Wetherbee v. Green

Supreme Court of Michigan
7 Am.Rep. 653 (1871)


Facts

Wetherbee (defendant) harvested timber from Green’s (plaintiff) property under the belief that he had authority to harvest timber given by the rightful owners of the land. Wetherbee used the harvested timber to construct hoops. Green filed a replevin action against Wetherbee seeking possession of the hoops. The trial court prohibited Wetherbee from introducing evidence that the finished hoops were much more valuable than the raw timber and ruled in favor of Green. Wetherbee appealed.

Rule of Law

Issue

Holding and Reasoning (Cooley, J.)

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