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Cardwell signed a contract for the rights to all timber located on Copper Hill Mine. He agreed to pay $70 per thousand board feet ($70/mbf).

Cardwell signed a contract for the rights to all timber located on Copper Hill Mine. He agreed to pay $70 per thousand board feet ($70/mbf). As he began work, Copper Hill became convinced that Cardwell lacked sufficient equipment to do the job well and forbade him to enter the land. Cardwell sued. Copper Hill moved for summary judgment. The mine offered proof that the market value of the timber was exactly $70/mbf, and Cardwell had no evidence to contradict Copper Hill. The evidence about market value proved decisive. Why? Please draft an order for the judge and rule on the summary judgment motion.

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