101 Fla. 402 | Fla. | 1931
Lead Opinion
This cause is here upon writ of error taken to a final judgment of the Circuit Court of Dixie County based upon a verdict for damages against Fletcher as defendant for conversion of certain lumber alleged to have been rightfully in the possession of Dees as plaintiff.
It appears that Dees and Fletcher entered into a written contract whereby Dees was to cut the pine timber located on Fletcher's land which was to extend over a period of one and a half years, said timber to be paid for at four dollars per thousand feet "as the lumber is cut and shipped". After cutting and manufacturing the lumber for about two months the mill was shut down apparently for the purpose of realizing on the lumber already manufactured which had dropped in price or because the adventure for the time being was not a paying proposition. Soon after the mill shut down Fletcher undertook to declare *403 the contract at an end and thereupon removed some 17000 feet of lumber, which was stacked for drying, from the premises and converting some to his own use, against the objections of plaintiff.
The defendant admitted taking the lumber and one of the questions presented to be passed upon here is whether under the circumstances plaintiff could maintain an "action for conversion" of the lumber under the terms of the contract and the circumstances developed by the evidence in the case.
The defendant's main contention was that Dees had abandoned the contract and evidence was taken tending to support that view, and upon which, the trial court gave adequate instructions; the verdict of the jury in favor of plaintiff seems to have settled that question in favor of plaintiff.
It appears to be well settled that one who has a special, as well as a general interest, in personal property can maintain an action for conversion of same; also that one who has aspecial interest can only recover the value of his special interest in the property.
The fact that defendant owned the land on which the timber grew and was manufactured would not alone give him the right to claim possession exclusive of plaintiff's rights in the lumber. In the case of Melrose Mfg. Co. vs. *404
Kennedy,
The only other question presented here for review is the denial of the amended motion for new trial which is based upon newly discovered evidence. An examination of that ground of the motion shows that it wholly fails to show a compliance with the rules often announced by this court. See Herndon v. State,
Finding no reversible error the judgment of the trial court is affirmed.
Addendum
The Court having considered the record in this cause, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, having been adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the judgment of the Court below in this cause should be and the same is hereby affirmed.
BUFORD, C.J., AND WHITFIELD, ELLIS, TERRELL, BROWN AND DAVIS, J.J., concur.