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FOSTER v. AGRI-CHEM, INC.

235 Or. 570 (1963)

385 P.2d 184

FOSTER ET UX v. AGRI-CHEM, INC.

Supreme Court of Oregon.

Reversed and remanded September 18, 1963.

Petition for rehearing denied November 5, 1963.

Attorney(s) appearing for the Case

Robert W. Collins, Pendleton, argued the cause for appellants. On the briefs were Fabre & Collins and John W. Smallmon, Pendleton.

George H. Corey, Pendleton, argued the cause for respondent. On the brief were Corey & Byler and Lawrence B. Rew, Pendleton.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

REVERSED AND REMANDED.

DENECKE, J.

The primary problems in this case involve the admissibility of evidence of out-of-the-courtroom experiments and whether there was any evidence of a waiver of a claim for damages.

The defendant contracted to sell and apply liquid nitrogen fertilizer on the plaintiffs' wheatlands. The defendant agreed to apply not more than 50 pounds of fertilizer per acre. Plaintiffs contend that 64 pounds per acre were applied and...

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