Pratt v. Altendorf

SANDSTROM, Justice.

[¶ 1] Robin Pratt appealed from a summary judgment dismissing his claim for damages against Richard Altendorf for breach of a contract to provide aerial spraying of fungicide on Pratt’s growing crops. We hold the notification requirements under N.D.C.C. § 4-35-21.1(1) do not apply to Pratt’s action against Alten-dorf, and we reverse and remand for a trial on the merits.

I

[¶ 2] Altendorf, doing business as Northwood Aero Spray or Northwood Aero Service, has a crop spraying business in Grand Forks. In the spring of 2000, Pratt, a Northwood farmer, contracted with Altendorf to…