Stoco, Inc. v. Madison's, Inc.

The plaintiff, Stoco, Inc., filed this action against the defendant, Madison’s, Inc., seeking damages for the loss of its 1985 barley crop as a result of the defendant’s alleged negligence and breach of warranty in applying agricultural chemicals and fertilizer to certain fields farmed by the plaintiff.

The second amended petition alleged that Madison’s was negligent (1) in applying dry urea fertilizer on four of the plaintiff’s barley fields during March and April 1985, causing streaking and resulting crop loss, and (2) in applying 2,4-D herbicide on May 28, 1985, on three of the plaintiff’s…