(Download) "Gary Bean v. Diamond Alkali Company" by Supreme Court of Idaho No. 10203 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Gary Bean v. Diamond Alkali Company
- Author : Supreme Court of Idaho No. 10203
- Release Date : January 12, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Respondent Gary Bean, a farmer residing near Filer, Idaho, has for a number of years in his farming operations raised onion
seed. He instituted this action as plaintiff, alleging in his amended complaint a breach of warranty of a chemical compound
applied to 4.8 acres of onions, causing him $3,100.00 damages in loss of crops. Appellant Diamond Alkali Company, a corporation,
manufactured the chemical, which appellant Twin Falls Feed & Ice, Inc., sold to Bean. The case was tried before a jury
which returned a verdict in favor of Bean. The two corporate defendants appealed from the judgment entered following the verdict. Briefly, the facts developed at the trial were that respondent Bean had discussed with an employee of Twin Falls Feed
Ice, Inc., the use of a pre-emergence chemical herbicide produced by Diamond Alkali Company. Bean decided that this herbicide
should be used on a field which he was preparing to plant to onions for the purpose of producing a crop of seed. In 1965 an
employee of Twin Falls Feed & Ice, Inc. applied the chemical to the field, which was then sown by Bean. A "very good
stand" of onion plants emerged from the ground, but after a few weeks, portions of the plants discolored and later, within
a month and a half, 85% of the plants died. Bean notified appellant Twin Falls Feed & Ice, Inc., but no action was taken
regarding the damage. In 1966 Bean plowed up half of the onion field which sustained the greater damage and replanted it to
a bean crop which he later harvested and sold. He allowed the better half of the onion crop to mature.
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