Davison's Air Service, Inc. v. Montierth

BURNETT, Judge.

This case involves a dispute over the aerial application of chemicals to farm land. The dispositive issue on appeal is whether the district court abused its discretion by reopening the case, prior to entering a judgment, for the purpose of receiving additional evidence on damages. We hold that there was no such abuse.

The facts are as follows. Davison’s Air Service, Inc., an Idaho corporation, sued Herb Montierth, a farmer, for failing to *992pay for the air service’s application of insecticide and herbicide on the farmer’s land. The farmer filed a counterclaim, alleging that the…