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TOM'S AGSPRAY, LLC v. COLE

No. WD 71477.

308 S.W.3d 255 (2010)

TOM'S AGSPRAY, LLC., Respondent, v. Kerry COLE, Appellant.

Missouri Court of Appeals, Western District.

April 13, 2010.

Attorney(s) appearing for the Case

John L. Young, Princeton, MO, for Appellant.

Allan D. Seidel, Trenton, MO, for Respondent.

Before: THOMAS H. NEWTON, C.J., KAREN K. MITCHELL, and CYNTHIA L. MARTIN, JJ.

THOMAS H. NEWTON, Chief Judge.

Mr. Kerry Cole appeals the trial court's judgment awarding Tom's Agspray, LLC (Agspray) $5,457.99 for unpaid services and denying Mr. Cole's counterclaim for damages. Agspray sued Mr. Cole after he refused to pay Agspray for all of its expenses in seeding Mr. Cole's land. Mr. Cole admitted that he owed a fee of $6.00 per acre for the seeding but denied owing for the cost of a fertilizer. Mr. Cole counterclaimed for damages allegedly...

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