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Rusty's Fertilizer, Inc. v. Maloley

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Wednesday, November 13, 2013

A-13-0089, Rusty’s Fertilizer, Inc. (Appellant) v. Fred Maloley

Dawson County, District Court Judge James E. Doyle

Attorney for Appellant:  Larry W. Beucke (Parker, Grossart, Bahensky, Beucke & Bowman, L.L.P.)

Attorney for Appellee:  Tod A. McKeone (Heldt & McKeone)

Civil Action:  Breach of Contract, Cross-claim for negligence

Action Taken by Trial Court:  The county court awarded damages on the complaint and cross-appeal. Upon appeal to the district court, the court affirmed the county court but modified the amount awarded on the plaintiff’s complaint.

Assignments of Error on Appeal:  The district court erred in: (1) failing to sustain Appellant’s motion to dismiss at the close of Appellee’s evidence, (2) finding that Appellant was negligent or that any negligence of Appellant’s was the proximate cause of the damage to Appellee’s crops, and (3) calculating the amount due to Appellant.


This page was last modified on Wednesday, October 15, 2014