[Download] "Glen Burt v. Lake Region Flying Service" by Supreme Court of North Dakota * eBook PDF Kindle ePub Free
eBook details
- Title: Glen Burt v. Lake Region Flying Service
- Author : Supreme Court of North Dakota
- Release Date : January 27, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
The plaintiff brings this action against the defendant for damages. In his complaint he contends that he is the owner of 240
acres in Sec. 30 and rents a quarter of land owned by his mother in Sec. 31, all in Township 154, Range 61, Ramsey County,
North Dakota. That on July 2, 1950, he entered into a contract with the defendant, a domestic corporation, for the spraying
of certain of those lands for the purpose of controlling weeds. He says: "That said defendant's officers and employees represented
to the plaintiff that they were well acquainted with the various types of chemical weed killers and that they possessed the
necessary technical knowledge to apply the same to the growing fields of grain so as not to injure the growing crops thereon."
Under that contract the plaintiff claims that certain of the above described fields were carelessly and negligently sprayed
by the defendant causing the production of oats in such fields to be retarded and injured and that he was damaged thereby
in the sum of $3920.00. The defendant answered admitting the contract and the spraying thereunder, but denying all other allegations
in the complaint. The defendant makes a counterclaim for the work of spraying the crops at an agreed price of $197.10. The
plaintiff replied to the counterclaim and alleges that the damages he suffered by the defendant's negligence in spraying
the fields were far in excess of the benefits received from such spraying. Upon trial of the case the jury rendered a verdict in favor of plaintiff for $1100.00 but granted the defendant a verdict
on his counterclaim of $197.10 for which the plaintiff has given defendant credit upon his $1100.00 judgment.