Start v. Shell Oil Co.

On Rehearing

LUSK, J.

This action arose out of the sale in February, 1948, by the defendant, C. Arntson, through his sales agent Kjome, to the plaintiff of a chemical manufactured by Shell Oil Company bearing the trade name “Shell Weed Killer No. 20”. Plaintiff sued for damages for breach of warranty alleged to have been given by the salesman. The second amended complaint on which the case was tried alleged that the defendant “specifically represented to plaintiff herein that said weed *115killer would destroy the weeds in the plaintiff’s bulb farm, but would not in any way damage or injure the…