Seaton Ranch Co. v. Montana Vegetable Oil & Feed Co.

Liability of the manufacturer of provender for injury or loss occasioned by the unwholesome, unfit, deleterious or poisonous condition of his product is generally founded upon (a) the law as it relates to warranties, express or implied, or (b) upon the law of negligence.

An action for breach of warranty arises ex contractu, the universal rule being that a warranty, either express or implied, must grow out of contractual relations between the parties.

An action to recover damages for injury or loss occasioned by the manufacturer’s failure to exercise the proper degree of care, skill or diligence…