Laube v. Thomas

Richard and Judy Laube (plaintiffs) contracted to buy a farm from Vernon and Betty Thomas (defendants), who cut down and removed about 100 walnut trees before the Laubes took possession, with no timber rights reserved to the Laubes; the parties agreed the trees had only timber or forest value, not ornamental or windbreak value. The Laubes' expert testified the trees were not yet at their market potential given their age, and the Laubes sought damages based on the trees' projected value 20 years in the future (when mature), discounted to present value, but the trial court instead awarded damages based on the trees' current market value as lumber, and the Laubes appealed.