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Cypress Springs LLC v. Charles Donald Pulpwood, Inc.

Court of Appeals of Mississippi

February 3, 2015

CYPRESS SPRINGS LLC, APPELLANT
v.
CHARLES DONALD PULPWOOD INC., APPELLEE

Page 1101

COURT FROM WHICH APPEALED: CLAIBORNE COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 08/28/2013. TRIAL JUDGE: HON. LAMAR PICKARD. TRIAL COURT DISPOSITION: SUMMARY JUDGMENT GRANTED IN.

ATTORNEY FOR APPELLANT: CHRISTOPHER SOLOP.

ATTORNEYS FOR APPELLEE: WILLIAM C. REEVES, DONALD ALAN WINDHAM.

BEFORE GRIFFIS, P.J., CARLTON AND JAMES, JJ.

OPINION

Page 1102

GRIFFIS, P.J.

¶1. Cypress Springs Inc. filed a complaint against Charles Donald Pulpwood Inc. (CDPI) for breach of contract relating to a timber-sale agreement. Cypress Springs alleged CDPI breached its contract when it: (1) failed to cut all timber specified in the agreement, and (2) failed to remove all debris and restore all roads used on the property. The trial court granted CDPI's motion for summary judgment, which Cypress Springs appeals. We reverse and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

¶2. Cypress Springs and CDPI entered into a timber-sale agreement on October 20, 2008. The contract, in relevant part, read:

All timber to be cut as follows: All American sycamore that have the minium [sic] specifications to make palletwood size; (minimum 16 foot length, 10 inch tip, small end diameter)
. . . .
The rates to be paid are as follows:
$36.00/ton for hardwood palletwood . . . (minimum 16 foot length, 10 inch tip, small end)
$4.00/ton for hardwood pulpwood[.]

The contract further stipulated:

By his acceptance of this timber conveyance, the buyer binds himself and agrees to do the following: . . .
Restore logging and access roads and trails, as near as possible, to the conditions in which they were prior to logging. This includes ...

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