Clarke v. Alstores Realty Corp.

— C. Joseph Clarke appeals from an adverse judgment of the trial court in a contract dispute.

On April 15, 1966, Harry Schuck, service manager of Northgate Centers, Inc., a wholly owned subsidiary of Al-stores Realty Corporation, sent a memo to Doyle Sims authorizing him to remove peat from certain unimproved real property owned by Northgate. On May 31, 1966, Sims entered into an agreement with C. Joseph Clarke whereby Clarke would remove the peat. The agreement was evidenced by a writing which purported to give Clarke the right (1) of entry for 2 years to remove peat, (2) to stockpile peat on…