46 Mich. 485 | Mich. | 1881
The action in this case was teoyer. The ■ defendants purchased the logs in question from Sheridan & Hamilton, who cut them upon plaintiff’s lands, and who were unquestionably trespassers in so doing. They, Shei’idan & Hamilton, made no claim or pretence of having cut the logs under circumstances tending even to show good faith on their part. Sheridan & Hamilton sold the logs to defendants, afloat in Black creek. It was claimed, and we . shall so assume, that defendants in making the purchase acted in entire good faith; they, afterwards run the logs \ into Elat river and there sold them at an advanced price. The material question relates to the rule laid down as to the proper measure of damages. The court charged the jury in substance, that if the defendants in purchasing these logs acted in good faith, the rule would be either the value of the logs where they were cut on the ground, with the addition of any profit there might be in handling them and bringing them to Flat river, or the value at Flat River deducting the cost of bringing them there.
We are of opinion that the facts in this case did not warrant the charge as thus given These defendants purchased from
There are very many cases where the value of the timber standing, or when first severed from the soil, would be but] nominal, and to give willful trespassers, or those to whom they may sell, the benefit of any increased value put upon it by the original wrong-doer, and confine the owner to the nominal value, would but encourage the commission of acts of trespass, and tend to make purchasers at least careless as to the title they were acquiring. It is easy for any one' to claim that he has purchased property in entire good faith, and very difficult in many cases to establish the contrary, and if one claiming to be such, is protected to the extent of the increased value he may have in good faith added to the property, this is all he can fairly claim under the law. This rule in effect was held in Isle Royale Minting Co. v. Hertin, 37 Mich. 332, and much that was there said is equally applicable in the present case. We have not
¥e are of opinion that the judgment should be reversed with costs and a new trial ordered.