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ALLISON v. MONTGOMERY

16-91-05111; CA A73971.

846 P.2d 435 (1993)

118 Or. App. 118

Ted J. ALLISON, Appellant, v. David M. MONTGOMERY, Respondent.

Court of Appeals of Oregon.

Decided February 10, 1993.

Reconsideration Denied April 7, 1993.

Attorney(s) appearing for the Case

Steven L. Philpott, Eugene, argued the cause for appellant. With him on the briefs was Armstrong, McCullen & Philpott, P.C., Eugene.

Steve C. Baldwin, Eugene, argued the cause for respondent. With him on the brief was Harrang Long Watkinson Arnold & Laird, P.C., Eugene.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Plaintiff appeals a summary judgment for defendant. We reverse.

On April 11, 1980, plaintiff and defendant entered into a written agreement for the planting, cultivation and harvest of Christmas trees on plaintiff's land. Defendant agreed to pay plaintiff 25 percent of the stumpage value of any Christmas trees sold and to remove all Christmas trees from the land no later than 10 years after planting. Defendant planted some trees in...

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