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