Charbonneau v. Wilbur-Ellis Co.

— Plaintiff appeals from an order granting summary judgment in favor of Yakima Valley Spray Company.

Plaintiff is the owner of an apple orchard in Yakima County. In the spring of 1971, he purchased from the Wilbur Ellis Company an emulsifiable oil and diazinon, which was to be applied as a dormant spray upon plaintiff’s 42-acre apple orchard. The oil purchased from Wilbur Ellis Company was an emulsifiable oil formulated by Yakima Valley Spray Company.

From March 30, 1971, to April 1, 1971, plaintiff sprayed a mixture of water, emulsifiable oil and diazinon upon his orchard. Representatives of…