McCULLOUGH v. ALABAMA BY-PRODUCTS CORP.

SC 1911.

343 So.2d 508 (1977)

W. H. McCULLOUGH v. ALABAMA BY-PRODUCTS CORP., a corp.

Supreme Court of Alabama.

March 11, 1977.


Attorney(s) appearing for the Case

Clifford W. Hardy, Jr., Bessemer, for appellant.

Norman K. Brown and Fournier J. Gale, III, Birmingham, for appellee.


FAULKNER, Justice.

This is an appeal from a judgment on the pleadings, upholding an agreement of the parties to be bound by the findings of an aerial survey. We affirm.

On October 19, 1973, W. H. McCullough and Alabama By-Products Corp. (ABC) agreed that McCullough would clear and windrow approximately 2500 acres of ABC's land for $43.50 an acre. After performance of the contract had begun, the parties orally agreed that McCullough would not clear certain...

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