Westerfield v. O & B Coal, Inc.

CULLEN, Commissioner.

Appellee fertilizer company sued appellant Westerfield, a farmer, on an account-totalling $5,547.77 for fertilizer sold to' Westerfield in 1963. Westerfield admitted, the account but counterclaimed for damages-to his corn crops alleged to have occurred, from 1959 through 1963 as a result of alleged inferior quality of fertilizer purchased from appellee during those years. *580The trial court dismissed the counterclaim but, inexplicably, allowed the jury to give Westerfield a credit of $539.89 if the jury believed that there was a quality deficiency in one kind of fertilizer…