Missouri Court of Appeals May 13, 1925 (Dennis v. Woolsey)

*572

COX, P. J.

Action for treble damages under section 4242, Revised Statutes 1919, for cutting and carrying away timber. Defendants, "Woolsey and Cook, filed a separate answer and alleged that they were assignees of a contract which gave them the right to cut the timber and asked for a decree of specific performance of that contract or if that were found to not be proper, then for damages