Malone v. American Cyanamid Co.

In May 1991, plaintiffs, Paul E. Malone and Laverne Malone, d/b/a Malone Farms, sued defendant, American Cyanamid Company, for breach of implied warranty of merchantability. Plaintiffs alleged that defendant manufactured, advertised, and sold herbicides under the trade names of "Prowl” and "Scepter,” which defendant represented to be safe and effective means of controlling and eliminating weeds from bean crops. Plaintiffs further alleged that in reliance upon defendant’s advertisements and pamphlets, they purchased "Prowl” and "Scepter,” used these herbicides on their land, and suffered a…