Category Archives: Contracts

January 19, 2018 Weekly Round Up

Welcome to those of you joining from the program I did in Clarendon on Wednesday and those of you who attended the Caprock Crops Conference at the Floyd County Friends Unity Center. Here are some of the biggest ag law stories in the news this week. * Article summarizing speeches at American Farm Bureau Convention.  I was honored to be included in an article summarizing presentations made at the recent American Farm Bureau Federation Convention in Nashville.  The article mentions presentations given by my friend Paul Goeringer and… Read More →

New Rules for Agricultural Product Purchase Contracts

The Texas Legislature passed a new bill, the Producer Protection Act, effective September 1, that changes rules for purchase contracts for agricultural products.  The bill was sponsored by Representative Dustin Burrows and Senator Charles Perry.  It was signed by Governor Abbott on June 15, 2017 and takes effect September 1, 2017. Essentially, the new legislation does two things.  First, it requires a contract to state whether it is an acreage or quantity contract.  Second, it imposes limitations on lawsuits filed against producers using acreage contracts.  [Read full bill here.]… Read More →

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 →