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WESTERFIELD v. O & B COAL, INC.

420 S.W.2d 579 (1967)

J. R. WESTERFIELD, Appellant, v. O & B COAL, INC., d/b/a Bartlett & O'Bryan Fertilizer Company, Appellee.

Court of Appeals of Kentucky.

November 3, 1967.

Attorney(s) appearing for the Case

Paul E. Bugay, Bugay, Cooper & Hayden, Owensboro, for appellant.

R. Scott Plain, Wilson & Wilson, Owensboro, for appellee.

CULLEN, Commissioner.

Appellee fertilizer company sued appellant Westerfield, a farmer, on an account totalling $5,547.77 for fertilizer sold to Westerfield in 1963. Westerfield admitted the account but counterclaimed for damages to his corn crops alleged to have occurred from 1959 through 1963 as a result of alleged inferior quality of fertilizer purchased from appellee during those years. The trial court dismissed the...

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