Hill v. Spencer & Son, Inc.

OPINION

GRANT, Justice

Gary Hill appeals from a judgment notwithstanding the verdict. Hill contracted with Spencer & Son, Inc. (Spencer) to cut trees on property belonging to him. The initial contract states that the term for removal was eighteen months, but the timber deed prepared by Spencer is one digit different and provides for a thirty-month term, a one-year change. The jury found that both parties intended to bind themselves to an eighteen-month term, that Spencer & Son failed to comply with the agreement, and the jury assessed damages at $4,500. The trial court found that there was no…