Category Archives: Contracts

Texas Supreme Court Enforces Forum Selection Clauses

Frequently during presentations on hunting leases, I recommend that landowners include a “forum selection clause” in their lease agreement with hunters who “aren’t from around here.”  A forum selection clause essentially is a contractual agreement between the parties as to where any litigation will be filed if a dispute arises.  In hunting leases, a landowner wants to ensure that he or she has home court advantage, if you will, by ensuring that litigation occur at home, rather than where the hunter lives.  Earlier this year, the Texas Supreme Court… Read More →

September 9, 2016 Weekly Round Up

Happy Friday!  Here are some of the agricultural law stories in the news this week. * Bird cannons causing trouble for neighbors.  One of the more common nuisance claims involving agricultural operations are those involving propane cannons used to keep birds away from fruits like grapes and blueberries.  Oftentimes, neighbors complain about the sound from these cannons, which can fire off every few seconds for hours a day.  Right to Farm statutes are an important line of defense for farmers facing this type of complaint, if the state’s… Read More →

Breach of Contract Case Offers Important Lessons

Recently, the North Carolina Court of Appeals issued an opinion in a breach of contract case pitting a chicken grower against Johnson Breeders, Inc.  The case offers a good illustration and discussion of breach of contract claims in the agricultural context. Background The plaintiff in this case was a chicken grower who had contracted to grow chickens for Johnson Breeders Inc. from 1987 until 2011.  Under the contracts, Johnson furnished flocks of baby chicks to the grower, who then raised the chicks by providing labor, electricity, houses, and… Read More →