EICHENBERGER v. WILHELM

Civ. No. 9201.

244 N.W.2d 691 (1976)

Jerry EICHENBERGER, Plaintiff and Appellee, v. Jack WILHELM, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied August 24, 1976.


Attorney(s) appearing for the Case

Wheeler, Wolf, Wefald & Peterson, Bismarck, for defendant and appellant; argued by Albert A. Wolf, Bismarck.

Richard P. Rausch, Bismarck, for plaintiff and appellee; argued by Mr. Rausch.


ERICKSTAD, Chief Justice.

Plaintiff Jerry Eichenberger seeded a 97 acre field with spring wheat in May 1974. He had prepared the seed bed with a field cultivator that spring after harvesting wheat from the same field the previous fall. He had seeded eight to ten acres of the field when rain intervened; he completed the field apparently within four days.

On May 25, 1974, Eichenberger telephoned Jack Wilhelm who operates a ground and aerial spraying service...

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