in may 1947, morton purchased a forest and agreed to be bound by a contract between the then-owner aucamp, whereby the latter had acquired the right, on certain conditions, to fell and remove timber from the forest. in july, morton directed his agent "g," in charge of felling operations, to discontinue them. after a discussion of the terms of the contract with aucamp, morton then cancelled the contract and refused to allow aucamp access to the forest. aucamp thereupon instituted an action claiming an order restraining morton from interfering with his rights under the contract and for damages.