Mosesian v. Bagdasarian

—Plaintiff appeals from an adverse judgment in his action for breach of warranty against an agricultural chemical dealer and an agricultural chemical distributor.

In 1958 plaintiff, who had grown grapes for many years, planted grape cuttings for nursery stock. He used a liquid, identified in the agrochemical business as DD, to fumigate his land for protection against nematodes, and the result was satisfactory. DD is a liquid which when injected into properly cultivated soil to a depth of about 9 inches vaporizes and fumigates the soil. To prevent escape of the gas, the top soil is smoothed…