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McLAIN v. JOHNSON

No. WD 48954.

885 S.W.2d 345 (1994)

Kenneth McLAIN, Appellant, v. Kent JOHNSON d/b/a Johnson Flying Service, Respondent.

Missouri Court of Appeals, Western District.

October 25, 1994.

Attorney(s) appearing for the Case

John L. Young, Princeton, for appellant.

James T. Holcomb, Trenton, for respondent.

Before ELLIS, P.J., and BERREY and SMART, JJ.

ELLIS, Judge.

Plaintiff Kenneth McLain maintained a watermelon crop on a two-and-a-half to three acre plot of land which he rented from his brother in Mercer County, Missouri. McLain had farmed watermelon on his brother's property for twenty years. McLain's watermelon patch was adjacent to ground rented and farmed by Terry Rowland. Rowland had contracted with the defendant, Kent Johnson d/b/a/ Johnson Flying Service ("Johnson"), for aerial spraying of his soybean...

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