Eli Lilly and Company v. Casey

GRISSOM, Chief Justice.

Roy Casey sued Eli Lilly and Company in Haskell County for damages. He alleged he purchased Treflan which had been manufactured and placed in commerce by defendant; that Treflan was advertised as a product which, when applied to cotton land, prevented weeds, grass, and the like, from getting into cotton; that it did not prevent such growth in his cotton but stunted his cotton; that defendant breached its implied warranty of fitness or merchantability and plaintiff was damaged as a result of using Treflan in accordance with defendant’s instructions. The defendant, a…