Cargill, Inc. v. Kurt Kroeger, No. 8:11CV81, 2012 U.S. Dist. LEXIS 138053 (D. Neb. Sept. 26, 2012)

(judgment as a matter of law granted to plaintiff on contract claim; defendant admitted contract with plaintiff for crop inputs and that no payment had been made; no evidence that warranty or representation regarding “target” yields to be met were made by plaintiff and defendant not entitled to withhold payment due to any misrepresentation; insufficient evidence presented that application of manganese by plaintiff did not result in manganese toxicity and cause reduced yields; evidence instead showed farm consistently underperformed, manganese toxicity in corn in state had never been documented, and only soil sample presented by defendant “had literally been baked” in defendant’s oven).