Davison's Air Service, Inc. v. Montierth

McDEVITT, Justice.

The respondent, Herb Montierth, hired the appellant, Davison’s Air Service, to apply herbicide and insecticide to 240 acres of grain. This case arose when the appellant brought suit to recover payment of approximately $12,300 for the spraying. The respondent counterclaimed, alleging that the chemicals had been applied in a negligent manner, and that as a result, the respondent had been damaged in the amount of $25,340. The trial judge issued a Memorandum Opinion ruling that the appellant had applied an inadequate amount of herbicide to the grain, and that the respondent had…