Foster v. Agri-Chem, Inc.

235 Or. 570 (1963)

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Nature of the Case

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Facts

Agri-Chem, Inc. (D) contracted to sell to P liquid nitrogen fertilizer to be applied to P's wheatlands at not more than 50 pounds per acre. D applied 64 pounds per acre. P sued claiming that the excess application resulted in a drop in yield of 11 bushels per acre. D claimed that P was contributorily negligent and waived any claims for damages because he paid for the entire amount of fertilizer. At trial, P used the differences in yields from his neighbor's crops at 58 bushels per acre with 45 pounds of fertilizer used vs. his yields of 46 bushels per acre with 64 pounds used. D introduced two experts who testified about their experiments regarding this matter and found that the use of 60-90-120 pounds had not substantially reduced the yield of a wheat crop. P objected to the introduction of the tests, as they were not made under conditions substantially similar to those present in the matter in dispute. The verdict went to D and P appealed.