Daily v. U.S. Micro Powders, Inc.

MOORE, Judge.

David Daily appeals from a summary judgment entered by the Franklin Circuit Court (“the trial court”) in favor of U.S. Micro Powders, Inc. (“USMP”). We reverse.

Background

On November 6, 2006, Daily, as the lessor, entered into a “Mining Lease” (“the lease”) with USMP, as the lessee, of certain land located in Franklin County (“the leased property”). The lease provided, in pertinent part:

“4. Monthly Rent. On the fifteenth day of each calendar month following any calendar month included in the initial term of this Lease and in any renewal thereof, Lessee shall pay Lessor rent for…