American Oil Company v. Floyd

Evans, Judge.

In 1969, Roscoe Floyd, who was engaged in extensive farming, purchased fertilizer from American Oil Company for use on the Hamn farm. Floyd contends the fertilizer was defective and he refused to pay for same.

American Oil Company sued Floyd on open account. Floyd denied owing the indebtedness and counterclaimed for damages resulting from the use of the defective fertilizer.

After trial, the jury found in favor of Floyd on the counterclaim in the amount of $3,176. Judgment was entered in his favor in accordance with the verdict. Motion for judgment notwithstanding the verdict was…