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CHRISTENSEN v. MIDSTATE AERIAL APPLICATORS CORP.

Civ. No. 8444.

166 N.W.2d 386 (1969)

Don L. CHRISTENSEN, Plaintiff and Appellant, v. MIDSTATE AERIAL APPLICATORS CORP., and Agsco Chemicals, Inc., domestic corporations, Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied April 10, 1969.

Attorney(s) appearing for the Case

Vogel, Bair & Graff, Mandan, for plaintiff and appellant.

Pearce, Engebretson, Anderson & Schmidt, Bismarck, for defendant and respondent Agsco Chemicals, Inc.

Donald H. Crothers, Fargo, for defendant and respondent Midstate Aerial Applicators Corp.

TEIGEN, Chief Justice.

The plaintiff has appealed from a summary judgment of dismissal of his complaint.

The motion for summary judgment alleges the complaint does not state a claim. The motion is premised on the ground that certain statutory conditions precedent to the institution of the action have not been complied with.

The plaintiff, by his complaint, claims damages for injury to and loss of his crops resulting from the use of a chemical spray...

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