Amoco Oil Co. v. Toppert

This action was commenced in three separate counts by plaintiff, Amoco Oil Company, against the defendants, Burdette Toppert, Charles Toppert and Larry Toppert, to recover the purchase price of fertilizer sold to defendants and spread on their farms. A jury returned a verdict in favor of plaintiff against each defendant and after a remittitur was ordered by the trial judge, the circuit court of Rock Island County entered judgment for plaintiff. It is from this modified judgment that defendants appeal.

The primary question on this appeal is whether failure to comply with certain provisions of…