FOSTER V. AGRI-CHEM, INC.
235 Or. 570 (1963)
NATURE OF THE CASE: This was a dispute about the application of fertilizer.
FACTS: Agri-Chem, Inc. (D) contracted to sell to P liquid nitrogen fertilizer to be
applied to P's wheatlands at not more than 50 pounds per acre. D in fact applied 64 pounds
per acre. P sued claiming that the excess application resulted in a drop in yield of 11
bushels per acre. D claimed that P was contributorily negligent and waived any claims for
damages because he paid for the entire amount of fertilizer. At trial, P used the
differences in yields from his neighbor's crops at 58 bushels per acre with 45 pounds of
fertilizer used vs. his yields of 46 bushels per acre with 64 pounds used. D introduced two
experts who testified about their experiments regarding this matter and found that the use
of 60-90-120 pounds had not substantially reduced the yield of a wheat crop. P objected to
the introduction of the tests, as they were not made under conditions substantially similar
to those present in the matter in dispute. The verdict went to D and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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