Aerial Agricultural Service of Montana v. Wilton Richard

RIVES, Circuit Judge.

Appellant is a Montana corporation that renders service to farmers by aerial application, such as the spraying and dusting of crops, and the sowing of seeds. In the early part of 1956, appellant was engaged by appellee to seed three of appellee’s rice fields by the use of an airplane. The largest field, and the only one upon which recovery was allowed in this case, consisted of 127 acres. Appellant contracted to seed said 127-acre tract of land in Bolivar County, Mississippi, with 17,500 pounds of seed rice for which appellee promised to pay $175. 1 The plane, pilot, and…