Del-Cook Timber Co. v. Bird

Clark, Judge.

This appeal is from denial of a motion for summary judgment by plaintiff which was certified for review. Del-Cook Timber Company contracted with Frank Bird, Jr. for the purchase of timber from his tract of land in Florida making an advance payment of $1,000. Plaintiff brought this suit for refund of this advance payment. This appeal arises out of a factual dispute revolving around the following provision in the contract:

"It is expressly agreed and understood by the parties hereto that if Buyer has been unable to cut and remove $1,000 in value of trees from said tract by August…