SHULMAN, Presiding Judge.
Plaintiff brought suit against defendant to enforce the damages provision of a timber contract. Declaring the contractual provision void as a penalty, the trial court granted defendant's motion for partial summary judgment. We affirm.
The contractual provision at issue reads as follows: "The Buyer [defendant] further agrees: a. To pay to the Seller [plaintiff] the amount of two dollars per inch average stump diameter for all trees...
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