Johnson v. Francis

This is an action to recover $346.52, the amount remaining due for material and labor furnished the defendant. At the close of plaintiff’s evidence the trial court dismissed the action and plaintiff has appealed.

The evidence shows that plaintiff was engaged in the business of selling and applying fertilizer in Fullerton, Nebraska. The defendant was a tenant on a farm owned by one Ralph Peters. In the spring or summer of 1962 the defendant called on plaintiff and ordered fertilizer applied to a certain number of acres of land he was farming. It is not disputed that fertilizer was furnished and…