Allison v. Montgomery

Plaintiff appeals a summary judgment for defendant. We reverse.

On April 11, 1980, plaintiff and defendant entered into a written agreement for the planting, cultivation and harvest of Christmas trees on plaintiffs land. Defendant agreed to pay plaintiff 25 percent of the stumpage value of any Christmas trees sold and to remove all Christmas trees from the land no later than 10 years after planting. Defendant planted some trees in the spring of 1980 and some in the spring of 1981.

In 1990, defendant sold some of the trees, but failed to pay plaintiff his share of the stumpage value. On April 4,…