Thorne v. Lee Timber Products, Inc.

Shulman, Presiding Judge.

Plaintiff brought suit against defendant to enforce the damages provision of a timber contract. Declaring the contractual provision void as a penalty, the trial court granted defendant’s motion for partial summary judgment. We affirm.

The contractual provision at issue reads as follows: “The Buyer [defendant] further agrees: a. To pay to the Seller [plaintiff] the amount of two dollars per inch average stump diameter for all trees unnecessarily cut or destroyed other than those marked or designated in Article la.” It is plaintiff-appellant’s contention that the damages…