A recent lawsuit involving a Canadian farmer and a “thumbs up emoji” has generated a good deal of media attention.  The court’s opinion in South West Terminal v. Achter Land & Cattle is an interesting look at contract law meeting new technology. Background South West Terminal (“SWT”) is a grain and crop input company.  Kent Mickleborough is a grain buyer for SWT.  Achter Land & Cattle (“the Farm”) is a farming operation owned by Chris Achter and his father, Bob. Since 2012, SWT purchased grain from the Farm through… Read More →

*NOTE:  In August 2023, the Amarillo Court of Appeals withdrew its initial opinion and issued a new Opinion in the case.  The outcome and most of the analysis was the same.  The only change was based on why the court dismissed the promissory estoppel claim.  The blog post has been edited to reflect the revised Opinion.* When a dispute arose related to a neighbor-to-neighbor farm sale, two lawsuits were filed.  The Amarillo Court of Appeals’ decisions in both Barkley v. Connelly cases offer important reminders for anyone entering into… Read More →

“If one asks why agreements should be memorialized in writing, this case illustrates why.”   With an opening sentence like that, I knew I had to write a blog post about the Amarillo Court of Appeals’ decision in Kongvongsay v. Sayasane.  Although it is not related to agricultural property, the lessons learned are still important for all landowners, sellers, and purchasers. Background In September 2012, Sayasane and Kongvongsay entered into an oral agreement that Sayasane would buy a commercial building in Amarillo from Kongvongsay for $110,000.  Sayasane made a… Read More →

An El Paso Court of Appeals case, Mr. W Fireworks, Inc. v. NRZ Investment Group, LLC, offers important information for anyone seeking to exercise a right of first refusal. [Read opinion here.] (If you’ve been here for a while, you may remember this is not Mr. W’s first case this year involving problems with a right of first refusal.  Click here to read about a case in the Panhandle from last year.) Background  This case involves a lease between landowner, Nathan Lee, and Mr. W Fireworks, Inc. (“Mr…. Read More →

The Texarkana Court of Appeals recently issued an opinion in Lee v. Jorgenson, which offers a critical reminder about the need to have all livestock sales contracts in writing. [Read opinion here.] Background Ralph Lee sold Waygu cattle to TJ’s Land and Cattle Company, LLC, (“the LLC”) of which Tom Jorgenson was a member.  Lee alleges this was a “handshake deal” that was memorialized in a Cattle Purchase Agreement (“CPA”).  The CPA was not signed by Jorgenson or anyone representing the LLC, but did include price terms for Waygu… Read More →

A recent Ft. Worth Court of Appeals case, In the Estate of Terry Lynn Banta, Deceased, offers an important reminder of why it is critical to have any contracts regarding the purchase of real estate in writing.  [Read Opinion here.] Statute of Frauds This case revolves around the “statute of frauds.” Generally speaking, a verbal contract is enforceable under Texas law.  There are certain types of contracts, however, that are required to be in writing to be legally enforceable pursuant to the statute of frauds.  One such contract for which… Read More →

It is rare seemingly obscure phrases from law school find their way to the news, but recently, that was the case with the phrase “force majeure.” When Bayer announced it would be declaring force majeure in contracts related to glyphosate, there were many questions about what these words meant and the legal impact of a force majeure clause in a contract. Emily Unglesbee from DTN Progressive Farmer interviewed me on this topic and wrote a great article offering the details about force majeure clauses in contracts. To read… Read More →