Schroeder Aviation, Inc. v. DeFehr

ERICKSTAD, Chief Justice, on reassignment.

In this case, the plaintiff, Schroeder Aviation, Inc., appeals from that part of a judgment rendered and entered in this action on the 6th day of October, 1978, which dismissed the complaint. The second part of the judgment from which no appeal was taken dismissed the counterclaim of the defendant, Dennis DeFehr. We shall hereinafter refer to the plaintiff as Schroeder and to the defendant as DeFehr. We reverse and remand.

In his complaint, Schroeder alleged that at DeFehr’s request he sprayed 135 acres of sunflowers with agricultural chemical on or…