Foster v. Agri-Chem, Inc.

The primary problems in this case involve the admissibility of evidence of out-of-the-courtroom experiments and whether there was any evidence of a waiver of a claim for damages.

The defendant contracted to sell and apply liquid nitrogen fertilizer on the plaintiffs’ wheatlands. The defendant agreed to apply not more than 50 pounds of fertilizer per acre. Plaintiffs contend that 64 pounds per acre were applied and the application was performed in an unhusbandlike manner. They allege that because of this negligence the land yielded 10,550 bushels of wheat less than it would have yielded had the…