A & P Excavating And Materials, LLC v. David Geiger

Case Number
E2019-01712-COA-R3-CV

In this contract action, the trial court entered a judgment dismissing the plaintiff logging company’s complaint for breach of contract, determining that the defendant landowner had been within his rights to terminate the parties’ agreement because (1) the contract, which had been drafted by the owner of the logging company, was not sufficiently specific to be enforceable and (2) the logging company had violated what was an unambiguous section of the contract requiring that the logging company follow directions concerning the logging operation given by the landowner’s property manager. The logging company has appealed. Having determined that the parties’ contract is enforceable, we reverse the trial court’s first basis for dismissal of the logging company’s breach of contract claim. However, we affirm the remainder of the trial court’s judgment in its entirety.

Authoring Judge
Judge Thomas R. Frierson, II
Originating Judge
Judge Douglas T. Jenkins
Case Name
A & P Excavating And Materials, LLC v. David Geiger
Date Filed
Dissent or Concur
No