W.H. McCullough v. Alabama By-Products Corp.

This is an appeal from a judgment on the pleadings, upholding an agreement of the parties to be bound by the findings of an aerial survey. We affirm.

On October 19, 1973, W.H. McCullough and Alabama By-Products Corp. (ABC) agreed that McCullough would clear and windrow approximately 2500 acres of ABC's land for $43.50 an acre. After performance of the contract had begun, the parties orally agreed that McCullough would not clear certain acres but would be paid as if he had cleared them. ABC also allegedly agreed to pay 10% more to offset increased fuel prices. A dispute arose over how much land…