Peters v. E. O. Painter Fertilizer Co.

T. J. Peters, plaintiff in error, brought suit in the Circuit Court of Dade County against the E. O. Painter Fertilizer Company, a corporation having its principal place of business in the City Of Jacksonville, in Duval County, Florida, for damages to a crop of tomatoes caused by the application to his growing plants of an insecticide called “Kill-tone” which he bought from the defendant on a representation and warranty, that if used and applied as directed would kill insects and act as a tonic to the plants and would not injure them. The plaintiff further alleges in substance that he. is and…