Rusty’s Fertilizer, Inc. v. Maloley, No. A-13-089, 2013 Neb. App. LEXIS 235 (Neb. Ct. App. Dec. 31, 2013)

(defendant, a farmer, hired plaintiff, a fertilizer company, to apply fertilizer and herbicide to three of his corn fields; at harvest, the corn in one half of a field upon which the chemicals had been applied was “damaged and stunted”; the damage was seen in a straight line through the field; the fertilizer company billed the farmer more than the amount estimated in the booking sheets; when the farmer refused to pay the remaining balance to the fertilizer company, the company sued the farmer, seeking the unpaid balance; the district court determined that the farmer owed the company $2,274, the amount owing under the booking sheets, but that the company owed the farmer $23,520 in damages for the negligent application of chemicals; on appeal, the court affirmed the determination of negligence, finding that the farmer had produced credible evidence that the negligent application of chemicals was the cause of the damage to the farmer’s corn; the court modified the amount owing to the company by the farmer to $5,098, finding that the amount of product in the booking sheets was understood by both parties to be an estimate and that the farmer was required to pay for the actual amount of chemical that the company applied to his fields).