Seidler v. Vaughn Oil Co.

HAYDEN, Judge.

Vaughn Oil Company delivered fuel to Seidler’s farm. Vaughn Oil mistakenly put gasoline in Seidler’s diesel fuel barrels. Seidler then unknowingly used the improper fuel mixture in his six diesel tractors, causing damages to the tractors. Seidler had to rent two tractors while his were being repaired.

Seidler and Vaughn Oil’s insurance adjuster began negotiations to settle the damages. Vaughn Oil agreed to pay all of the repairs on five of the tractors and the rental tractor cost. Vaughn Oil issued a draft to pay for these items. Seidler cashed the draft. The parties disputed the…